Laws Relating to Street-railway Franchises in the District of Columbia: (Including Street ...

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54th OoNaBESS, ) HOUSE OF EEPEESENTATIVES. (DOCUMENT
Ist Session. ) { "No. 423.

L ^^v^ s

RELATING TO

STREET-RAILWAY FRANCHISES

IN THE

DISTRICT OF COLUMBIA.

(LNCLUDING STREET-RAILWAY LAWS ENACTED DURING THE
FIRST SESSION OF THE FIFTY-FOURTH CONGRESS.)

.0

COMPILED IN THE OFFICE OF THE COMMISSIONERS OF THE DISTRICT

OF COLUMBIA, AND PRINTED UNDER AUTHORITY OF THE

RESOLUTION OF CONGRESS PASSED MARCH 12, 1896.

^•-^•i

WASHINGTON:

OOVEBmCENT PBINTINO OFFIOR.

1896.

* ■

198644

TILlU- in ' ^T I^nS.

<901

CONCXTKRElfT RESOLUTIOl^ to compile and publish the laws relating to street-railway franchises

in the District of Colambia.

JResolved by th^ House of Bepresentatives (the Senate concurring) y That there be printed
and bound into one convenient volume, at the Government Printing Office, all the
various Acts of Congress relating to street-railway franchises in the District of
Columbia; and that two hundred copies of the same shall be furnished for the use
of the Senate, four hundred copies for the use of the House of Representatives, and
two thousand and five hundred copies for the use of and distribution by the Com-
missioners of the District of Columbia.

Passed March 12, 1896.
2

LAWS RELATING TO STREET-RAILWAY FRANCHISES

IN THE DISTRICT OF COLUMBIA.

ANAGOSTIA AND POTOMAC RIVEE BAUEOAB COMPACT.

AN ACT giving the approval and sanction of Congress to the route Feb. 18, 1875.
and termini of the Anacostia and Potomac Rivjer Railroad, and to stats. 18, p. 328.
regulate its construction and operation.

Be it enacted by the Senate and House of Representatives
of the United States of America in Congress assembled, That Approval of
tlie approval and sanction of Congress is hereby given tOete^VStre^ytl
the construction, operation, and maintenance of a street- Jjjj««d^^^^^
railroad by the Anacostia and Potomac Eiver Eailroad Sao River luii-
Company, of Washington City, District of Columbia, a[^^^^^P''^°y
company incorporated under the act of Congress of May
fifth, eighteen hundred and seventy, which incorporation
is hereby confirmed and validated, along, upon, and over
the following route, in the city of Washington, District of
Columbia, namely: Commencing for the eastern terminus Route (amend.
of said road, at or near the northern end of the navy-yard ®^^*
bridge, in the said city, on Eleventh street cast; thence
upon and along said Eleventh street east to M street south;
thence upon and along said M street south to Tliird street
east; thence upon and along said Third street east to N
street south ; thence upon and along said N street south to
Water street; thence upon and along said Water street to
Twelfth street west; thence upon and along said Twelfth
street west to Ohio avenue; thence upon and along said
Ohio avenue to Fourteenth street west; thence along and
upon said Fourteenth street west to the western terminus of
said road at the intersection of Pennsylvania aVenue and
said Fourteenth street west ; and also on M street south from
Third street east to Water street, and on Eleventh street
west from Water street to the intersection of Twelfth and B
streets southwest; conforming to the grades of said streets
and avenues as the same now are, or may hereafter be, estab-
lished by law : Provided, That said company shall construct piJ^^® ^°' *'®°^*
at least a single-track road over said route, and open the
same to travel within sixteen months after the approval of
this act : And provided further^ Th at whenever the foregoing i^ilinTroutM?
route shall coincide with the route of any other duly- incor-
porated railroad company, or connect portions of such route,
but one set of tracks shall be used, and each company using
the tracks shall contribute equitably to the expense of lay-
ing and maintaining them; the amount to be contributed

4 LAWS RELATING TO STREET-RAILWAY FRANCHISES.

to be ascertained, when the companies disagree, by the
supreme court of the District of Columbia, upon applica-
tion of any company interested, and on notice to and hearing
of the parties interested.
Laying of track Seo. 2. That in the manner of laying its tracks, and

and paving. paving the same, this company shall be under the control

of the executive authority of the District of Columbia; and
it shall pave its tracks, and the spaces between them, and
for the space of two feet beyond the outer line thereof,
and keep the same in good order, without expense to the
United States or the District of Columbia; and that said
pavement shall be as prescribed by the said executive
authority of the District of Columbia; and the rate of fare
charged and received by said company shall not exceed
five cents a passenger for any distance between the termini
of said road.
Use of navy. Sec. 3. That wuenevcr thcprescnt uavy-yard bridge Shall

yard bridge. ^^q replaced by a structure suitable for the passage of a

street-railroad, the company shall have the right to cross

over the same to Uniontown, under such restrictions and

regulations as Congress may provide ; and Uniontown shall

Extensionofthen bccomc the eastern terminus of the road; and from

uxdontown.* *^^ U^^iontowu the company may extend their road by the Good

Hope road to the District line; and for riding over this
extension of the road the company may charge an addi-
tional fare not exceeding five cents.
Right to alter Sec. 4. That Cougrcss may, at any time, alter, amend, or

or amend act. repeal this act.

Approved, February 18, 1875.

^ Aprils, 1876. AN ACT to amend the act entitled **An act giving the approval and
„^. -g zz~ sanction of Congress to the route and termini of the Anacostia and
»• iP- • Potomac River Kailroad, and to regulate its construction and oper-
ation."

Be it enacted by the Senate and House of Representatives
Anacostia and of the United States of America in Congress assembled^ That

R«iSSad,^time®^*^^^ *^^ ^^ *^® ^^* giving the approval and sanction of
for completion Congrcss to the Toutc and termini of the Anacostia and
extended. Potomac Eivcr Eailroad, approved February eighteenth

eighteen hundred and seventy-five, be, and is hereby, so
amended as to extend the time for the completion of said
road to six months from and after the completion of the
streets now in process of improvement along and upon
which the chartered rights of the company extend. Sec 2.
minu*f ^^mend- That the privilege is hereby granted the company to change
®^>- their terminus at Fourteenth street and Pennsylvania ave-

nue west, as follows : Commencing at intersection of Twelfth
street and Ohio avenue northwest, along and upon Twelfth
to D street, along and upon D street to Fifteenth street,
along and upon Fifteenth street west to Pennsylvania ave-
nue, near the Treasury gates, being one square west of the
^^xteneion of present termiuus; also, that the company may extend their
"** ' road from the intersection of Twelfth street and Ohio ave-

nue northwest, along and upon Louisiana avenue to the

LAWS RELATING TO STREET-RAILWAY FRANCHISES. 5

•

south side of Pennsylvania avenue at a point opposite

Centre Market: Prot?id«^, That whenever the street-pave- ^^^^1" ^

ment may be torn up and travel thereon interfered with by

removal of the track of said road, said company shall, at

its own expense, put such street pavement in as good order

as before the laying of the track thereon. Section 3. Amendment

That Congress may at any time alter, amend or repeal and repeal.

this act.

Michael C. Kerr
Speaker of the House of Representatives

T. W. Ferry
President of the Senate pro-tempore.

Eeceived by the President March 24, 1876.

[Note by the Department op State. — The foregoing
act having been presented to the President of the United
States for his approval, and not having been returned by
him to the House of Congress in which it originated within
the time prescribed by the Constitution of the United
States, has become a law without his approval.]

March 3, 1879.

Sundry civil bill, 1880. Stat8.20. p. 404.

*******

And one of the two railroad tracks now on said Anacostia acoSi?br?dgt'^"
Bridge shall be at once removed.

*******

Approved, March 3, 1879.

AN ACT to amend the act giving the approval and sanction of Con- Angnst l, 1888.
gress to the roate and termini of the Anacostia and Potomac River state 25 p 353
Kailroad, in the District of Columbia. • » p-

Be it enacted by the Senate and House of Representatives
of the United States of America in Congress a^senibled^ That Anacostia and
the act giving the approval and sanction of Congress toiuiSSaS, ext^i^
the route and termini of the Anacostia and Potomac Eiver "«» of.
Bailroad, approved February eighteenth, eighteen hun-
dred and seventy-five, and amended March twenty-fourth,
eighteen hundred and seventy six, be, and the same is
hereby, amended so as to authorize said company to lay
tracks and run cars thereon from the intersection of its
tracks on M street south with Seventh street east; along Ronte (amend-
Seventh street to G street south ; along G street to Fourth ^'
street east; along Fourth street to E street south; along
E street to Gau^ street; along Canal street to B street
south, along B street south to Third street west; along
Third street to Missouri avenue; along Missouri avenue to
Sixth street west; along Sixth street to B street north;
along B street to a point near the Center Market to be
named by the Commissioners of the District of Columbia:
Provided, That the said company shall complete the above- piS^n!^' *"**""
mentioned tracks and run cars thereon within one year from
the approval of this act, and from the intersection of it&

••*

6 LAWS RELATING TO STREET-RAILWAY FRANCHISES.

tracks on M street south with Second street west; along
Second street to its tracks on Canal street : Provided^ That
said company shall complete the last-mentioned tracks and
run cars thereon within two years from the approval of
Extension t^^this act. The company is also authorized to extend its

Cemetery*^**"* tracks and run cars thereon from its track at Seventh and

G streets southeast herein mentioned, along G street to
Seventeenth street east; along Seventeenth street to E
street south; along E street to and beyond the entrance
to the Congressional Cemetery at a point to be named by
the Commissioners of the District of Columbia, after the
said streets shall have been improved.

Sec. 2. That the said company may be permitted to place
or cause to be placed upon the Anacostia bridge an addi-

traijkonAnacos-*^^'^^^ track, and the rails of both tracks shall be of such

tia bridge. form as will ofFcr the least obstruction to ordinary traffic,

and subject to approval by the Commissioners of the Dis-
trict of Columbia. The said company sliall also construct
at least a single track, with necessary switches and turn-
outs, along Harrison street, in Anacostia, to the entrance
to the grounds of the German Orphan Asylum, and run
cars thereon within six months after laying the track men-
tioned on said bridge.
Extension t o Sec. 3. That the said company is also authorized to

Insane ^y^'^' extcud its track and run cars thereon from its present
terminus on Nichols avenue, near Anacostia, by .the way
of Nichols avenue to the enti^ance to the grounds of the
Government Hospital for the Insane, and along said ave-
nue and the Livingstone road to the District line.
u§e of other Sec. 4. That should any part of the track extension

tracks. herein authorized coincide with portions of any other

duly incorporated street railway in the District of Colum-
bia, but one set of tracks shall be used when, on account
of the width of the street, or for other sufficient reason
it shall be deemed necessary by the Commissioners of the
District; and the relative conditions of use and of char-
. tered rights may be adjusted upon terms to be mutually
agreed upon between the companies, or, in case of disagree-
ment^ by the supreme court of the District of Columbia, on
petition filed therein by either party, and on such notice to
the other party as the court may order.
Balls. Sec. 5. That in the construction of the tracks herein

specified the pattern of rail used shall be approved by the
Commissioners of the District of Columbia, and in any
extensive repairs to the tracks now owned by the company
requiring new rails the pattern of rails shall likewise be
approved by the Commissioners of the District of Colum-
To be level bia: Provided, That all rails laid upon the streets of the

w t etree s. ^.^^ ^^ Washington by said company under the authority
of this act shall be on a level with the surface of the streets,
and shall not project above the same.
Cars. Sec. 6. That the company shall place cars of the best

construction on said railway, with all modern improvements
necessary to theconvenience and comfort of passengers, and
shall run cars thereon as often as the ]mblic convenience
may require, in accordance with a time table or schedule

LAWS RELATING TO STREET-RAILWAY FRANCHISES. 7

adopted by the company, a copy of which shall be filed
with the Comraissioners of the District of Columbia, and
be approved by them.

Seo. 7. That the said Anacostia and Potomac Eiver Beporta.
Eailroad Company shall, on or before the fifteenth day of
January of each year, make a report to Congress of the
names of all the stockholders therein and the amount of
stock held by each, together with a detailed statement of
the receipts and expenditures from whatever source and
on whatever account, for the preceding year ending Decem-
ber the thirty-first, which report shall be verified by aflSdavit
of the president and secretary of said company; and said
company shall pay to the District of Columbia, in lieu of
taxes upon personal property, including cars, tracks, and Taxes,
motive power for the next ensuing year, two per centum for
the first ten years after completion, and thereafter four per
centum of its gross earnings upon trafl&c for the preceding
year as shown by said verified statement, which amount
shall be payable to the collector of taxes at the times and
in the manner that other taxes are now due and payable,
and subject to same penalties on arrears; and the franchise
and property of said company, both real and personal, to a
sufficient amount, may be seized and sold in satisfaction
thereof, as now provided by law for the sale of other prop-
erty for taxes; and said per centum of its gross earnings
shall be in lieu of all other assessments of personal taxes
upon its property used solely and exclusively in the opera-
tion and management of said railway. Its real estate shall
be taxed as other real estate in the District of Columbia, and
tbe tracks shall not be taxed as real estate : Provided^ That ReducUon of
whenever tbe net receipts of said company from its busi- *"**
ness upon said road shall, for any years, exceed ten per
centum of the actual cost of such road, then the company
shall, under the direction of the said Commissioners, reduce
the rate of passenger fare to an amount as near as the
same can be approximated, so that the net receipts of said
company from its business upon such road shall not exceed
ten per centum of the actual cost for the construction,
equipment, and maintenance thereof.

Sec. 9. That Congress may at any time amend, alter, or Amendment.
re)>eal this act.

Approved, August 1, 1888.

AN ACT to amond the act giving the approval and sanction of Con- March 24, 1890.

gress to the route and termini of the Anacostia and Potomac River - ^ — — —
ailroad in the District of Columbia. ^**^- ^' P* ^'

Be it enacted by the Seriate and HoiLse of Representatives
of the United States of America in Congress assembedj That Anacostia and
the act giving the sanction and approval of Congress to Potomac River
the route and termini of the Anacostia and Potomac Eiver of rol^.'*^ *°^
Bailroad, approved February eighteenth, eighteen hundred
and seventy-live, amended March twenty- fourth, eighteen
hundred and seventy six, and August first eighteen hun-
dred and eighty-eight, be, and the same is hereby, amended

8 LAWS RELATING TO STREET-RAILWAY FRANCHISES.

SO as to authorize the said company to lay tracks and ran
cars thereon from the intersection of its tracks on M street
south with Eleventh street east; along Eleventh street to
Extension of its tracks ou G strcct south. That the time for the com-
**™®* pletion of its track is extended one year. That in the con-

struction of the tracks herein authorized the pattern of
Approval of rail used shall be approved by the Commissioners of the
rau,etc. District of Columbia, and that all rails laid under author-

ity of this act shall be on a level with the surface of the
street: Provided so much of the act of August first eight-
een hundred and eighty-eight as authorized the company
Tracks on 7th herein named to lay its tracks on Seventh street east be-
ind G^sts!^** ^ tween M street and G street is hereby repealed.
Amendiiient. Sec. 2. That Cougrcss may at any time amend, alter, or
repeal this act.
Approved, March 24, 1890.

April 30, 1892. AN ACT to amend the act giving the approval and sanction of Con-
gress to t]ie route and termini of the Anacostia and Potomac River

Stats. 27, p. 22. Railroad in the District of Columbia.

Be it enacted by the Senate and House of Representatives of
Anacostia and tlie United States of America in Congress assembled^ That the
Raih?S^/co.^^ct giving the sanction and approval of Congress to tbe
route and termi' routc and termini of the Anacostia and Potomac Eiver Eail-
ni changed. ^q^Aj approved February eighteenth, eighteen hundred and
seventy-five, subsequently amended, be, and the same is
hereby, amended so as to authorize the said company to lay
Extension of tracks and switches and run cars as follows: From the in-
tracks. terscctioii of its tracks at Ninth street with B street north-

west north on !Ninth street to G. sti'eet northwest over the
tracks of the Metropolitan Kail way Company; thence west
on G. street northwest to Eleventh street northwest over
the tracks of Eckington and Soldiers' Home Eailway Com-
pany; thence south on Eleventh street to E. street north-
west, and east on E street to Ninth street on the tracks of
the Capitol, North O Street and South Washington Eailway
Company; thence south on Ninth street to B street on the
tracks of the Metropolitan Eailway Company. That in con-
struction of its tracks herein authorized the pattern of the
Rails. rail used shall be the standard flat grooved rail and approved

by the Commissioners of the District of Columbia, and that
all rails laid under authority of this act shall be on a level
with the surface of the street : Provided, That the said com-
Commence.pany Shall commcncc work within three months and com-
pietion?"^ ^'^"^'plete the same within six months from the approval of this
act.
Mavusetracks Seg. 2. That, should any part of the track extension here-
©father compa-iu authorized coiucidc with portions of any other duly in-
corporated street railway in the District of Columbia, but
one set of tracks shall be used when, on account of the width
of the street or for other suf&cient reason, it shall be deemed
necessary by the Commissioners of the District; and the
Terms of u»0. relative conditions of use and of chartered rights may be

LAWS RELATING TO STREET-RAILWAY FRANCHISES. 9

adjusted upon teriQS to be mutually agreed upon between
the companies, or, in case of disagreement, by the supreme
court of the District of Columbia, on petition filed therein
by either party and on such notice to the other party as the
court may order.

Seo. 3. That this Eoa4 shall exchange tickets with other Exchangetick-
roads where their tracks unite. ®***'

Sec. 4. That Congress may at any time amend, alter, or Amendment,
repeal this act.

Approved, April 30, 1892.

BALTIMORE AITB WASHTNGTOH TEAETSIT COHPAHY.

AN ACT to authorize the Baltimore and Washington Transit Company, June 8, 1896.
of Maryland, to enter the District of Columbia.

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assemhledj That ^^ ^Tn^ tTn
the Baltimore and Washington Transit Company, incor-Trausu^con?
poratM under the laws of the State of Maryland,* and by f*" J J^^^u^^^
amended charter by act of the legislature of Maryland, of coiiSnbia.
eighteen hundred and ninety-six, be, and is hereby, author-
ized to extend its road from its present charter terminus
at Takoma Park, Maryland, into and within the District of
Columbia, commencing at the northeastern boundary line Route,
of the District of Columbia, on Spring road in Takoma
Park subdivision, westerly along said road to the line of
Tahoe street extended, west along the line of said street
to Blair road, and thence northwesterly, following public
highways, to a junction with the Brightwood Kailway,
along a route to be approved by the Commissioners of the
District of Columbia: Provided. Tliat the right of use of
Spring road authorized herein shall cease and determine spring road.
when highways contiguous thereto and shown upon the
recorded highway-extension plans shall have been opened,
in which case the route of the said company shall be upon
said highways, as may be approved by the said Commis-
sioners, in lieu of Spring road.

Sec. 2. That the Baltimore and Washington Transit ^^Tw^^a^^a^
Company and the Brightwood Eailway Company shall have Brifh^Sod B'y.
the power to make any contracts or agreements that they
may deem necessary to enable the said companies to run
the cars of each or either company over the tracks of the
other company, and also to contract for and use the power
of each or either company to propel the cars of the other
company; that said extension of the transit company from
the District of Columbia line to a junction with the tracks
of the Brightwood Railway Company, near Fifth and Uma-
tilla streets, in Takoma Park, District of Columbia, shall
be commenced within six months and completed within one mSitMi?<^mpi9'
year from the passage of this Act. t»«n-

Sec. 3. That in the event that the company should not
be able to come to an agreement with the owner or owners
of any land through which the said road may be located to
pass, or upon which any necessary buildings may be required condemnauon
to be located, procei»dings for the condemnation for the use of land.
of the company of so much of said land as may be required,
not exceeding thirty feet in width, for its roadway, and of
so much as may be necessary for buildings, and so forth,
may be instituted in the usual way in the supreme court of

12

LAWS RELATING TO STREET-RAILWAY FRANCHISES.

the District of Columbia, under sucli rules and regulations

as said court may prescribe for such purposes : Frovidedy

Landtobededi- That the land acquired by such agreement or condemnation

Sc^i^bte *''*''* ^^^ ^^S^^ ^^' ^^7 ^^^ tracks within the limits of streets of

the recorded highway-extension plans shall be dedicated
to the District of Columbia for a public right of way before
the company shall lay its tracks on such land ; and that
such right of way shall not be less than thirty feet in width
for double tracks nor twenty feet in width for single track.
Sec. 4. That the said Baltimore and Washington Tran-
sit Company shall be empowered to construct, maintain,
equip, and operate a single or double track street railway
over the said line, with all necessary buildings, switches,
machinery, appliances, appurtenances, and other devices

Motive power, neccssary to operate the same by cable, electricity, com-
pressed air, storage battery, or other motive power, to be
approved by the Commissioners of the District of Colum-
bia: Provided, That the right of said company to use an

TroUey. Overhead single trolley on a street or part of a street shall
cease six months after the date of the approval of an Act
of Congress appropriating money for or otherwise author-
izing the paving of the roadway of such street or part of
street, except in connection with continuous track rails:
Andprovidedfurthevj That the right of said company to use
an overhead single trolley in any public space in the Dis-
trict of Columbia, except in connection with continuous
track rails, shall in any event cease on July first, eighteen

coMtrnction. hundred and ninety-nine. Said railway to be constructed
of good material, with grooved rails of approved pattern,
and in a neat and substantial manner, subject to the super-
vision and approval of the Commissioners of the District
of Columbia; the standard gauge to be used and the sur-
faces of the tracks to conform to the grades of the streets
established by the Commissioners of the District of Colum-
bia, and where the tracks lie within the streets of the Dis-
trict of Columbia the same to be paved between the rails
and two feet outside thereof with such material and in such
manner as shall be approved by the said Commissioners,
and kept in repair by the said railway company.
Sec. 5. That said railway shall be constructed in a sub-

pians. stantial and durable manner. The plans of construction,

rails, electrical and mechanical appliances, conduits and
stations, and location of stations and tracks, shall be sub-
ject to the approval of the Commissioners of the District
of Columbia. The said company having first obtained the
written permission of the District Commissioners therefor,

Excavations, may make all necessary trenches and excavations and place
therein the machinery and devices necessary to the opera-
tion of said railway. When said trenches and excavations
are open they shall be thoroughly protected to prevent acci-
dent, and shall be closed within a reasonable time and the
disturbed pavement relaid, all to the satisfaction of said
Commissioners. The said company shall, at its own expense,
in a good and substantial manner, make all changes to
pipes, conduits, and other underground constructions ren-

LAWS RELATING TO STREET-RAILWAY FRANCHISES. 13

dered necessary by the construction of said railway. Said
company shall be liable for any damage to pipes or other
underground constructions caused by the passage of its
cars over the same, or by electric current used in the pro-
pulsion of its cars. The said company shall, before com-
mencing work on said railroad, deposit with the collector J>epo8it.
of taxes of the District of Columbia such sum as the Com-
missioners of said District may deem necessary to defray
any expense that may be incurred by the District of Colum-
bia in connection with the inspection of the work of con-
struction of said railway, and to make good any damage
done by said company or any of its contracting agents to
any public work or construction. An account of the dis-
bursement of such deposit or deposits shall be made to
said company, and any balance due them shall be returned
upon the completion of the work to defray the cost of which
the money was deposited.

Seo. 6. That whenever the roadway of any street occu- widening^
pied by the said railway company is widened, one-half of ®*'^**'
the cost of widening and improvement of such widened part
shall be charged to the said railway company and collected
from said company in the same manner as the cost of laying
or repairing pavements lying between the exterior rails
of the tracks of street railways, and for a distance of two
feet from and exterior to such track or tracks on each side
thereof is collectible under the provisions of section five of
the Act entitled "An Act providing a permanent form of
government for the District of Columbia," approved June
eleventh, eighteen hundred and seventy-eight.

Sec. 7. That nothing in this Act shall prevent the Dis- „9J**^s® °^
trict of Columbia at any time, at its option, from altering *'^**^®*
the grade of any avenue, street, or highway occupied by
said railway, or from altering and improving streets, ave-
nues, ami highways, and the sewers thereof. In such event
it shall be the duty of said company to change its said
railway and the pavement so as to conform to such grades
and improvements as may have been established.

Sec. 8. That the said company in conjunction with the i^aw.
said Brightwood Eailway may receive a rate of fare not
exceeding five cents for each passenger for one continuous '
ride over the route aforesaid and the route of the said
Brightwood Eailway within the District of Columbia, or
any part thereof, between the termini of said railroad
within said District, and shall seU tickets at the rate of
six for twenty-five cents.

Sec. 9. That said company shall pay to the District of ^"®"'
Columbia, in lieu of taxes on personal property, for each
fiscal year, four per centum of its gross earnings under this •
franchise upon its traffic for the preceding year derived
from the operation thereof within the District of Columbia,
which amount shall be paid to the collector of taxes at the
times and in manner that other taxes are or may be pay-
able, and subject to the same penalty in case of arrears;
and the franchise and property of said company, both real
and personal, to a sufficient amount, may be seized and
sold in satisfaction thereof in the same manner as is o\:

14

LAW8 RELATING TO STREET-RAILWAY FRANCHISES.

Keport.

may be provided by law for the sale of other property for
taxes, aud said per centum of its gross earnings shall be in
lieu of any and all assessments upon its i>ersonal property
in the District of Columbia used solely and exclusively in
the operation and management of said railway; but its
real estate in said District shall be taxed as other real
estate therein : Provided, That its tracks, machinery, and
devices shall not be considered real estate for the pui'pose
of taxation.

Sec. 10. That the said company shall, on or before the
first day of February of each year, maJ^e a report to Con-
gress, through the Commissioners of the District of Colum-
bia, of the names of all the stockholders therein and the
amount of stock held by each, together with a detailed
statement of the receipts and expenditures from whatever
source and on whatever account for the preceding year
ending December thirty-first, aud such other facts as may
be required by any general law of the District of Columbia.
The report shall be verified by the affidavit of the presi-
dent and secretary of the company, and if said report is
not made within the time specified herein said company
sHall be liable to a fine of five hundred dollars, to be recov-
ered in any court of competent jurisdiction at the suit of
the Commissioners of the District of Columbia.
Bonds, etc. Sec. 11. That the said corporation may issue bonds or

other evidence of debt, to be secured by mortgage of its
railroad properties and franchise within the District of
Columbia, or by deed of trust thereon, but not to an
amount greater than the cost of construction and equip-
ment, lb may own, purchase, lease, and sell real estate
for the i>urposes of operating said road.

meiit°imd* wm^ ^^^- ^"^^ ^^^^ ^^^^ coL-pauy shall commcucc the con-
pietion. struction of its said railway within six months from the

approval of this Act, and said railway shall be open for
traffic, with its switches and turn-outs, aud with cars run-
ning thereon for the accommodation of passengers, within
one year from the date of the approval of this Act.
Guarantee de- Sec. 13. That the Said railway company shall deposit
with the collector of taxes. District of Columbia, the sum
of one thousand dollars, within sixty days from the passage
of this Act, as a guaranty that it will commence and com-
plete its road within the time herein limited. And unless
said sum of one thousand dollars is so deposited within
sixty days from the passage of this Act, all rights, fran-
chises, and privileges hereby granted shall immediately
cease and determine, and this charter shall be null and
void. Should the said railway company fail to commence
or complete the construction of its road within the limit of
time prescribed by this Act, said sum of one thousand
dollars shall be forfeited by the said railway company, and
shall be deposited by the collector of taxes with the United
States Treasurer to the credit of the United States and
the District of Columbia, in equal parts.

Sec. 1 4. That the Commissioners of the District of Colum-
bia may make such regulations as to rate of sj)eed, sched-
uJe for running cars, mode of use of tracks, and removal of

posit.

Dpeeu.
Schedule.

LAWS RELATING TO STREET-RAILWAY PRANCfflSES. 16

ice and snow as, in their judgment, the interest and con-
venience of the public may require. Should the servants
or agents of said company willfully or negligently violate
such an ordinance or regulation, said company shall be
liable to the District of Columbia for a penalty not exceeding
five hundred dollars.

Sec. 15. That Congress reserves the right to amend, Amendment
alter, or repeal this Act. «*<^-

Approved, June 8, 1896.

BELT EAUWAT COMPAmT (OBIOnTALLT THE CAPITOL, HOBTH
STEEET AND SOUTH WASHIHOTOH EAILWAT COMPAmT).

AN ACT to incorporate the Capitol, North O Street, and South Wash- March 3, 1875.
ington Railway Company. (*Now the Belt Railway Company.) stats. 18, p. 498.

Be it enacted by the Senate and House of Representatives
of the United States of America in Congress assembled, That^^lPj.*^^^®^!
Joseph Williams, William J. Murtagh, HalletKilbourn, Ben- sonth'^wash^^
jamin F. Fuller, William J. Cowing, Samuel R. Bond, William ^° j^„y \^^l
Saunders, George W. Goodall, George A. Mcllhenny, L. porated.
A. Bartlett, and L. li. Cliaudler, and their associates and
assigns, be, and they are hereby, created a body corporate,
under the name of the Capitol, l^^orth O Street, and South
Washington i^ailway Company, with authority to construct
and lay down a single or double track railway, with the nec-
essary switches and turn outs, in the city of Washington,
in the District of Columbia, through and along the following
streets and avenues: commencing on First street west in Route (ex-
front of the Capitol grounds, and running thence due north *®°^®^^-
along said First street west to G street north; thence west
along G street north to Fourth street west; thence along
Fourth street west ; thence along O street north to Eleventh
street west; thence south along Eleventh street west to E
street north; thence west along E street north to Four-
teenth street west; thence south on Fourteenth street west
to Ohio avenue; thence along said avenue to its intersec-
tion with Twelfth street west; thence south along said
Twelfth street west to Virginia avenue; thence southeast
along Virginia avenue to its intersection with Maryland
avenue; thence northeast along Maryland avenue to First
street west, the place of beginning, with the right to run
public carriages thereon, drawn by horse-i)ower, receiving Motive power,
therefor a rate of fare not exceeding five cents a passenger Fare,
for any distance on said road, from its beginning to its
terminus on First street west: Provided, That wherever
the foregoing route may coincide with the route of any coinciding
other duly-incorporated street-railroad-company in the Dis- "*"****
trict, or connect portions of such route, but one set of
tracks shall be used by both companies, which are hereby
authorized and empowered to use such tracks in common, Terms of joint
upon such fair and equitable terms as may be agreed °*® ®*^ *'*®*^®*
upon by said companies; and in the event the said com-
panies fail to agree upon satisfactory terms, either of
said companies may apply by petition to the supreme
court of the District of Columbia, which shall provide for
proper notice to and hearing of all parties interested, and

* Name changed by act of Congress approved February 18, 1S93, to
"The Belt Railway Company."

6176 2 ^

18

LAWS RELATING TO STREET-RAILWAY FRANCHISES.

Taxes.

Construction.

shall have power to determine the terms and conditions
upon which, and the regulations under which, the company
hereby incorporated shall be entitled so to use and enjoy
the track of such other street railroad company, and the
amount and manner of compensation to be paid therefor:
And provided further J That neither of the companies using
such track in common shall be permitted to make the track
so used in common the depot or general stopping-place to
await passengers, but shall only be entitled to use the same
for the ordinary passage of their cars, with the ordinary
halts for the taking up and the dropping of passengers.

Seo. 2. That the road of said company, with all its prop-
erty and franchises, shall be liable to taxation as is or may
be provided by law, and their cars or vehicles shall be sub-
ject to the provisions of such laws as to license and fees
therefor.

Sec. 3. That the said railway shall be laid as near the
center of the streets and avenues in the city of Washington
as practicable (without interfering with, or passing over, the
water or gas-pipes) in the most approved manner adapted
to street-railways, with rails of the most approved pattern,
with a flat bearing for street vehicles of not less width,
exclusive of the car- wheel bearing, than that now in use
on the Washington and Georgetown railroad, laid upon an
even surface with the pavement of the streets and avenues;
and the space between the two tracks (where two are laid)
shall not be less than four feet nor more than six feet in
width, and the carriages shall not be less than six feet in
width, the gauge to correspond with that of the Columbia
Street Kailway.

Sec. 4. That the said corporation hereby created shall
be bound to keep said tracks, and a space of two feet
beyond the outer rails thereof, and also the space between
the tracks, at all times well paved and in good order, in
such manner and with such material as may be directed
by the board of commissioners of the District of Columbia,
and if there be at any time no such board, then by the Sec-
retary of War, without expense to the United States or the
said city.

Seo. 6. That nothing in this act shall prevent the Gov-
by in^thoritfJ^ ernment, or the proper authorities of the District of Colum-
bia, at any time, at its option, from altering the grade, or
otherwise improving all avenues and streets occupied by
said road, or the said District, from so altering and improv-
ing such streets and avenues, and the sewerage thereof, as
may be under their respective authority and control; and
in such event it shall be the duty of said company, at its
own expense, to change their said railway so as to conform
to such grade and pavement.

Seo. 6. That this act may at any time be altered,
amended, or repealed by the Congress of the United
States.

Seo. 7. That nothing in this act shall be so construed as
to authorize said body corporate to issue any note, token or
device, scrip, or other evidence of debt, to be used as
currency.

Paving.

Grade, etc

Amendment.

Issue of cnr
rency not author
ized.

LAWS BELATING TO STREET-RAILWAY FRANCHISES. 19

Seo. 8. That the capital stock of said company shall not capital stock.
be less than two hundred thousand dollars nor more than
five hundred thousand dollars, and that the stock shall be
divided into shares of fifty dollars each, and shall be
deemed personal property, transferable in such manner as
the by-laws of said company may direct.

Sec. 9. That the said company shall place first class cars can-
on said railway, with all the modern improvements, for the
convenience and comfort of passengers, and shall run cars *
thereon during the day, and as late at night as eleven
o'clock, and as often as every ten minutes.

Sec. 10. That the said company shall provide such pas- Passenger
senger rooms, offices, stables, and depots at such points as '^**^**
the business of the road and the convenience of the public
may require; and said company is hereby authorized to
lay such rails through transverse streets or avenues as may
be necessary not exceeding one block in distance in any
one place, for connecting the said stables, depots, and offices Tracks m a v
with the main tracks; and the said company is bereby 225^^1*^,^ ^.
authorized to purchase or lease such lands or buildings as pany.
may be necessary for the passenger rooms, ticket offices,
stables, and depots above named, and not to exceed two
hundred thousand dollars in value.

Sec. 11. That all articles of value that may be left in Articles left in
any of the cars or other vehicles of said company shall be ®*"-
taken to its principal depot and entered in a book of record
of unclaimed goods; which book shaU be open to the
insi^ection of the public at all reasonable hours.

Sec. 12. That within thirty days after the passage and f^Pu**°rf ^n'
approval of this act, the corporators named in the first sec- ° *" **^"^ ^^'
tion, or a m^ority of them, or, if any refuse to act, then a
majority of the remainder, shall cause books of subscrip-
tion to the capital stock of said company to be opened, and
kept open, in some convenient and accessible place or places
in the city of Washington, for a period, to be fixed by said
corporators, not less than two days; and said corporators
shall give public notice, by advertisement in not less than
two daily papers published in the city of Washington, of
the time when and place where said books shall be opened,
and subscribers upon said books to the capital stock of the
company shall be held to be stockholders: Provided^ That Limit of snb.
no one individual shall be allowed to subscribe for more **^"^*^*'°*
than two hundred shares of said stock: Provided further j Payment on
That every subscriber shall pay, at the time of subscribing, «°^«<^"»>^g-
ten per centum of the amount by him subscribed to the
treasurer of said company, or his subscription shall be null
and void; and said payment shall in no case be withdrawn
or loaned to any member of said company. And when the
books of subscription to the capital stock of said company
shall be closed, the corporators named in the first section,
or a majority of them, and, in case any of them refuse to
act, then a majority of the remainder, shall, within ten days
thereafter, call the fil-st meeting of the stockholders of said gt^^howJif **'
company, to meet within ten days thereafter, for the choice ^
of seven directors, of which public notice shall be given for
three days, in not less than two newspapers published daily

20

LAWS RELATING TO 8TREET-KAILWAY FRANCHISES.

Board of di-
rectors.

President.
Treasurer.

Secretary.

By-laws.

Sale of stock
not paid up.

Collection of
assessments by
suit.

Annual meet-
ing.

Keport.

Obstruction of
cars, etc.

in the city of Washington, or by written or printed personal
notice to each stockholder by the secretary or clerk of the
said corporation. And in all meetings of the stockholders
each share shall entitle the holder to one vote, to be given
in person or by proxy.

Sec. 13. Thatthe government and direction of the affairs
of the company shall be vested in a board of directors, seven
in number, who shall be stockholders, and who shall hold
their oflSce for one year, or until others are duly elected and
qualified to take their places as directors. And the said
directors (a majority of whom shall constitute a quorum)
shall elect one of their number to be president of the board,
and who shall also be president of the company; and they
shall also choose a treasurer, who shall be a stockholder,
and who shall give bonds, with security, to said company,
in such sum as the said directors may require, for the faith-
ful discharge of his trust; and said board shall also elect
a secretary, who shall also be a stockholder, and who shall
perform such duties as usually pertain to said office. In
case of a vacancy in the board of directors, by death or
resignation, or otherwise, of any director, the vacancy occa-
sioned thereby shall be filled by the remaining directors.

Sec. 14. That the directors shall have full power to make
and prescribe such by-laws, rules, and regulations as they
shall deem needful and proper respecting the disposition
and management of the stock, property, estate, and effects
of the company, not contrary to the charter or the laws of
the United States or of the District of Columbia : Provided,
That the directors of said company shall have power to
require the subscribers to the capital stock to pay the
amount by them respectively subscribed, at such time,
(after the first installment,) in such manner, and in such
amounts as they may deem proper; and if any stockholder
shall refuse or neglect to pay any installment as required
by a resolution of the board of directors, after reasonable
notice of the same, the said board of directors may sell at
public auction, to the highest bidder, so many shares of his
said stock as shall pay said installment, (and the highest
bidder shall be taken to be the person who offers to pur-
chase the least number of shares for the assessment due,)
under such general regulations as may be adopted in the
by-laws of said company; or said body corporate may sue
and collect the same from any delinquent subscriber in any
court of competent jurisdiction; and no part of the capital
paid in shall at any time be withdrawn by said company
or any member thereof.

Sbo. 16. That there shall be an annual meeting of the
stockholders for choice of directors, to be holden at such
time and place, under such conditions, and upon such notice
as the said company, in their by-laws, may prescribe; and
said directors shall annually make a report of their doings
to the stockholders in general meeting.

Sec. 16. That if any person or persons shall wijllfally and
unnecessarily obstruct or impede the passage of fthe cars of
said railway, or destroy or injure the cars, depotb, stations,
or other property belonging to said railway, thc^ person or

LAWS RELATING TO STREET-RAILWAY FRAKCHI8ES. 21

persons so offending shall forfeit and pay for each such
offense the sum of ten dollars to said company, to be recov-
ered and disposed of as other fines and penalties in said
District, and shall remain liable, in addition to said penalty,
for any loss or damage occasioned by his, her, or their act as
aforesaid ; but no suit shall be brought unless commenced ^ Jj"^****®° °^
within sixty days after such offense shall have been com-
mitted.

Sec. 17. That unless said corporation shall commence to Ti^ for con-
lay the said track within four months and complete their * ^^ ^'
said railway within sixteen months after the passage of this
act, then this act shall be null and void, and no rights
whatever shall be acquired under it.

Sec. 18. That no person shall be prohibited the right to Exclusion from
travel on any part of said road, or ejected from the cars ***";
thereof, for any other cause than that of being drunk, dis-
orderly, unclean, contagiously diseased, refusing to pay the
legal fare exacted, or to comply with the la^ul general
regulations of the company.

Sec. 19. That each of the stockholders in the said rail- Liability of
way company shall be liable individually for all the debts 8*oc^^ow«"-
and liabilities of the said company to an amount equal to
the amount of stock held by such stockholder.

Sec. 20. That all the provisions of the act incorporat- Act incorpp.
ing the Columbia Railway Company, requiring reports of R^hfay^^cTa^
expenditures, earnings, and otherwise, shall be applica- pJi®d-
ble to the company herein incorporated, which shall make
reports as in said act required.

Approved, March 3, 1875.

AN ACT to amend the charter of tlie Capitol, North O street, and May 23, 1S76.
Sooth Wash ington Railway Company. (Now The Belt Railway Com- stats 19 p 66
pany.) • . p. •

Be it enacted hy the Senate and House of Representatives
of the United States of America in Congress assembledy That capitoi, North
the act entitled "An act to incorporate the Capitol, Forth si)ut1fwMi5ng.
O street, and South Washington Eailway Company,'' ^P" *h°i^"^*^d^*
proved March 3d, 1 875, be, an d the same is hereby, amended "" *^^*™®°
so as to authorize and allow said company to extend its Extension of
line on 4th and 11th streets west from O street to P street"*^*®-
north, and to lay a single track and run its cars one way
upon P street between 4th and 11th streets, instead of lay-
ing a double track and running its cars both ways upon O
street.

Approved, May 23, 1876.

AN ACT to amend the act incorporating the Capitol , North O Street March 3, 1881.
and Sonth Washington Railway Company. (Now The Belt Railway stats.2l,p.414.
Company.)

Be it enacted hy the Senate and House of Representatives
of the United States of America in Congress assembled^ Thato%?i^l*t^and
ttie act to incorporate the Capitol, North O Street and soath washing-
South Washington Kailway Company^ a\>\>TON^ l^^asOci <^\ka3\Kt«B!6^^^sti^

22 LAWS RELATING TO STREET-RAILWAY FRANCHISES.

third, eighteen hundred and seventy five, be, and the same
is hereby, amended, so as to authorize said company, at
ti^ksfrSS^ohiSits discretion, to remove its track from Ohio avenue and
^^Extension of "^^^^^^ strcct southwcst, and lay a single or double track,
route. "* °^ ^ and ruu its cars thereon, from its present line at the inter-
section of Ohio avenue and Fourteenth street south, along
Fourteenth street to C street southwest, eastwardly along
street southwest to Virginia avenue, to connect with its
present line at the junction of said avenue and street; and
also to lay a single or double track from its present line on
P street and Eleventh street northwest, north along said
Eleventh street to Boundary street; and to lay a single or
double track commeucing at the intersection of C street
and Eleventh street southwest, running thence south on
Eleventh street to Water street south, running thence east-
erly on Water street south to M street south, which point
shall be the southern terminus of the road : Provided^ That
Time for com- the Said compauy shall complete the tracks and run its cars
pietion. along the streets named within six months from theapproval

of this act.
Coinciding Sec. 2. That should any part of the track extension
*™*^^®' herein authorized coincide with portions of any other duly

incorporated street railway, the relative condition of the
chartered rights may be adjusted upon terms to be mutu-
ally agreed upon between the companies, or, in case of dis-
agreement, by the supreme court of the District of Colum-
bia, on petition filed therein by either party, and on such
notice to the other party as the court may order.
Tw<^entfare Sec. 3. That the fare between the Bureau of Engraving
Engravin^*Sn°dand Printing and the nearest junction with any intersect-

nect^ng^ lin eT ^"^ ^^^^ »hsll bC twO CCUtS.

(RepeSed^Aug! Seo. 4. That any other duly incorporated street-railway
*' other railway Company in the District of Columbia shall have the right
companies may to run its cars ovcr that portion of the route hereinbefore
ofV^syivMUa named south of Pennsylvania avenue, upon such fair and
tob£*te **" ^^" equitable terms as may be agreed upon between the said
®"^* companies; and in the event that the said companies shall
fail to agree upon satisfactory terms, either of said com-
panies may apply by petition to the supreme court of the
District of Columbia, which shall provide for proper notice
to, and hearing of, all parties in interest; and shall have
power to determine the terms and conditions upon which,
and the regulations under which, the said company or com-
panies using the tracks over the route before named may
use and enjoy said tracks, and the amount and manner of
compensation to be paid therefor.
Amendment. Sec. 5. That Congrcss may at any time amend, alter, or
repeal this act.
Approved, March 3, 1881.

March 1. 1883. AN ACT to provide for the extension of the Capitol, North O Street
stats. 22 p 432 *°^ South Washington Railway. (Now The Belt Railway Com-
' * * pany.)

Be it enacted by the Senate and Souse of Representatives

o^tfrad sontil^/^'*^ ^^ited States of America in Congress assembled^ That

^vaihingtonthe Capitol, North O, Street and South Washington Rail-

Bmi^dSd, ^^ ^'way Company is hereby authomed to extend its line, by

LAWS EELATING TO STREET-RAILWAY TRANCHISES. 23

laying a single or doable track, and running its cars Extension of
thereon, on the following streets in the city of Washington, linef
namely: Commencing with the intersection of its present
line at Eleventh and E. streets northwest, and running east
along E to Kinth street; thence south along Kinth street to
Louisiana avenue; thence southwest along said avenue to
Ohio avenue; thence west along Ohio avenue to its inter-
section with its present line at the junction of Ohio avenue
and Twelfth street northwest.

Sec 2 That unless said extension is constructed and the completion.
cars run thereon within six months from the passage and
approval of the act all rights granted hereunder shall be
void : Provided That no new track or tracks shall be laid No new tracks
along Ninth street from D. to Louisiana avenue, but said ^^ ^^^^ "^™**'
company may use the tracks of the Metropolitan Street
Bailway Company between said points upon such terms
and conditions as may be provided in the original act of
incorporation of said Capitol North O. Street and South
Washington Eailway Company.

Approved March 1, 1883.

AN ACT to amend the charter of the Capitol, North O Street and August 9, 1888.
South Washington Bailway Company. (Now The Belt Railway ~^rT~ii^^ — ^
Company.) btats. 25, p. 399.

Be it enacted by the Senate and House of Representatives
of the United States of America in Congress assembled y That ^^Jp^^^^ ^J*J
the Capitol, North O Street and South Washington Rail- wasiiingtou
way Company is hereby authorized to extend its tracks ^J^'ded!*^**'^
and run its cars thereon through and along the following Extension of
named streets: Be^xinning at Fourteenth and B streets line.
southwest, east along B street southwest to Twelfth street
southwest, to an intersection with its present line on said
Twelfth street.

Sec. 2. That section three of the act entitled "An act to ^e^ed!"* ^*"
amend the charter of the Capitol, North O Street and
South Washington Railway Company,'' approved March
third, eighteen hundred and eighty-one, be, and the same
is hereby repealed.

Sec. 3. That unless said extension is completed and the completion.
cars run thereon within six months from the passage and
approval of this act, the authority herein granted shall be
void.

Approved, August 9, 1888.

Deficiency hill, 1889. March 2. 1 88>.

'' ' Stats. 25, p. 913.

• • • Payment of Judgments. • • • The Capi- Payment of
tol, North O Street and South Washington Eailway Coui-J°^«^*"^
pany versus John F. Cook, collector, and so forth, for one
cent damages, together with $299,73 costs. • • •

Approved, March 2, 1889.

24 LAWS RELATING TO STREET-RAILWAY FRANCHISES.

February 1 8, AN ACT toohauge the name of the Capitol, North O Street and South

^^^' Washington Railway Company.

Stat8.27,p.462.

Be it enacted by the Senate and House of Representatives
Capitol, North of the United States of America in Congress assanbledj That
so2tVwL*iSg^the name of the said Capitol, North O Street and South
^°n^©c[to^B«it Washington Kailway Company be, and the same is hereby,
nSifway Com- changed to "The Belt Railway Company:'' Provided, That
P*°y- said change shall not affect pending suits against said com-

pany nor the enforcement of existing contracts with said
company.

Approved, February 18, 1893.

June 10, 1896. AN ACT to extend the rentes of the Eckington and Soldiers' Home
" Railway Company and of the Belt Railway Company, of the Dis-

trict of Columbia, and for other purposes.

Be it enacted by the Senate and Hoitse of Representatives
Eckington and of the United States of America in Congress a^sembledj That
Sd^BeUR'^<K)m^ wit^ii^ three months from the passage of this Act the
panics' charters Eckiugtou and Soldicrs' Homc Railway Company and the
""®" Belt Eailway Company, both of the District of Columbia,

shaUequipiine respectively, shall begin to equip those portions of their
with air motoTB. respectivc liucs which are situated within the bound-
aries of the city of Washington with compressed-air
motors. If after a trial of three months the said com-
pressed-air motors shall, in the judgment of the Commis-
sioners of the District of Columbia, prove to be in all
respects a proper and satisfactory motive power for
the speedy and convenient propulsion of street cars, then
the said Commissioners are hereby authorized and directed
to issue to the said railway companies, respectively, permits
to equip then* lines within the District of Columbia with such
To ceaseuse of compressed-air motors; and within six months from the
toSx^onthi^*** passage of this Act the said railway companies shall cease

to use horsepower on any and all of their respective lines.

Etectricjin^er^ In ^hc evciit that the said compressed-air motors shall not

fe*8?b8tftutedif be approvcd as herein provided for, then within eighteen

SMaSctoi^J^ months from the passage of this Act the said companies,

respectively, shall construct and put into fiill operation on
all their lines in the city of Washington the underground
Horsepower electric systcm. No extension of any of the lines in this
SxteMtons.*^ ""^ ^ct provided for shall be operated by horsepower: And
provided further^ That within thirty days from the passage
of this Act cars shall be regularly run over the existing
tracks, beginning at the intersection of G street and New
Jersey avenue, thence across New Jersey avenue to and
along G street to North Capitol street, thence north on
North Capitol street to T street, according to a schedule
satisfactory to the Commissioners of the District of Colum-
bia. Neglect or failure to comply with the provisions of
this section shall subject the corporation so neglecting or
failing to a penalty of fifty dollars for each and every day
during which such failure or neglect continues, said x>enalty
to be recovered by the Commissioners of the District rf
Coiumbia in any court of competent jurisdiction.

LAWS RELATING TO STREET-RAILWAY FRANCHISES. 25

Sec. 2. That the Eckington and Soldiers' Home Eailway sofdieiS^Home
Company of the District of Columbia be, and the same here- KaUway. ^^^
by is, authorized to lay down and operate a street railway in
the city of Washington, District of Columbia, through and
along the following-named streets and avenues, to wit:

Beginning at the junction of Eighth and D streets Extensiou on
northeast ; thence by double track south along Eighth street f^^^^ ^ treet,
to C street south; thence by single track as follows: west®
on C street south to Seventh street east; thence south
on Seventh street east to M street south ; thence east on
M street south to Georgia avenue; thence northeast on
Georgia avenue to Ninth street east; thence north on Ninth
street east to O street south; thence west on C street south
to Eighth street east.

Sec. 3. That said Eckington and Soldiers' Home Eail- ^^^^'^^l ®^
way Company is authorized to increase its capital stock or ****® * ®° '*
to issue bonds for such amount as may be necessary to pay
the actual cost of constructing and equipping the extensions
hereinbefore authorized : Provided, That the question as to
the amount to be provided for in connection with such exten-
sion and the method of providing for the same, whether by
issuance of stock or bonds, shall be decided by a majority in
vaJueof the stockholders ata meeting to be called forthe pur-
pose after reasonable notice; and authority is hereby con-
ferred upon said company, in case of issuance of bonds, to
make due conveyance of its corporate franchises and prop-
erty for the purpose of securing the same : Provided^ however j
That any such conveyance by way of mortgage shall be sub-
ject to the prior lien already created by deed of trust dated
June first, eighteen hundred and ninety-one, and recorded
in liber fifteen hundred and eighty, folio three hundred
and twenty-seven and following, of the land records of the
District of Columbia, which conveys all the real estate
and franchises of said railroad, as well as the line of said
railroad now existing and such additions thereto at any
time made, located, extended, or constructed: And pro-
videdy That said Eckington and Soldiers' Home Eailway
Company shall not have its stock and bonds outstanding
at any one time to a greater amount than the actual cost to^ c'Slt of™iwi^
'of the construction and equipment of said railway; which struotion and
actual cost shall be ascertained by the supreme court of
the District of Columbia in such manner as the said court
shall prescribe.

Sbo. 4. That the Belt Kailroad Company of the District ^f^^^y ^
of Oohambia be, and the same hereby is, authorized to lay lc Droit pS.
down and operate a double track railway, with the neces-
sary switches and turn-outs, in the city of Washington,
District of Columbia, through and along the following-
named streets and avenues, to wit:

Beginning at Fourth and O streets northwest; thence
uoith on Fourth street west to Florida Avenue; thence
north crossing Florida avenue to flare wood street; thence
along Harewood street to Elm street; thence west along
Elm street to Linden street; thence north on Linden street
to Pomeroy street; thence west on Pomeroy street to the
east bnUdiug line of Seventh street west extended.

26 LAWS RELATING TO STREET-RAILWAY FRANCHISES.

Also beginning at the present terminus of the Belt Bail-
way on Water street, near N street south; thence south
along Water street to P street south by an extension of
the present tracks of the Belt Railway; tbence by fur-
ther extension of said tracks east along P street south to
Delaware avenue: Provided, That if there is not suf&cient
t^t ^ * * ® "^ room for two tracks on Water street without encroaching
* "* * on tracks already there, that the said Belt Line Railway

Company shall purchase, at its own cost, sufficient ground
to open Water street from the terminus of its line as now
located along said projected route to P street.
Completion. Qeo. 6. That the construction of the extensions hereby
authorized shall be completed within one year after the
approval of this Act: Frovidedj That in case any one or
more of the said extensions shall not be completed and
operated regularly within the time specified, then so much
of this Act as authorizes such uncompleted extensions shall
be void and of no eii'ect.

co^*ay ^^w ^®^- ^- T^^* ®^^^ ^®^* Railway Company is authorized to
stoiDk or issue increase its capital stock or to issue bonds for such amounts
^^^' as may be necessary to pay the actual cost of constructing

and equipping the several extensions hereinbefore author-
ized : Provided, That the question as to the amount to be pro-
vided for in connection with each extension and the method
of providing for the same, whether by issuance of stocks or
bonds, shall be decided by a majority in value of the stock-
holders at a meeting to be called for the purpose after
reasonable notice; and authority is hereby conferred upon
said company, in case of issuance of bonds, to make due
conveyance of its corporate fi'anchises and property for the
purposeof securing the same: Provided, however. That any
such conveyance by way of mortgage shall be subject to
the prior lien already created by deed of trust dated July
thirty-first, eighteen hundred and ninety-one, and recorded
in liber sixteen hundred and six, folios one hundred and
ninety-seven and following, of the land records of the Dis-
trict of Columbia, which conveys all the real estate and
franchises of said railroad as well as the line of said rail-
road now existing and such additions thereto at any time
made, located, extended, or constructed: And provided,

to^cwft o^oS -^^^^ ®^^^ ^^^^ Railway Company shall not have its stock
straction and and bouds Outstanding at any one time to a greater amount
equipment. ^j^g^jj ^jj^ actual cost of the coustruction and equipment of
said railway, which actual cost shall be ascertained by the
supreme court of the District of Columbia in such manner
as the said court shall prescribe.
Construction. Seo. 7. That such cxteiisions of said railroads and each
of them shall be constructed on such grade and in such
manner as shall be approved by the Commissioners of the
District of Columbia.
Excavations. Sec. 8. That it Shall be lawful for said railway compa-
nies and each of them, their and each of their successors
or assigns, to make all needful and convenient trenches and
excavations in any of said streets or places where said
companies, or either of them, may have the right to con-
struct and operate its road, and place in such trenches and

LAWS RELATING TO STREET-RAILWAY FRANCHISES. 27

excavations all needful and convenient devices for machin-
ery for ox>erating said railroad in the manner and by the
means aforesaid. But whenever such trenches or excava-
tions shall interfere with any sewer, gas, or water pipes,
or any subways or conduits, or any public work of the kind
which has been ordered by the Commissioners, then the
exx>ense necessary to change such underground construc-
tion shall be borne by the said railway company making
such trench or excavation.

Sbo. 9. That each of the said corporations shall at all Paving.
times keep the space between their tracks and rails and
two feet exterior thereto in such condition as the Commis-
sioners of the District of Columbia or their successors may
direct; and whenever any street occupied by either of said
railways is paved and repaired or otherwise improved, the
said corporation shall bear all expense of improving the
spaces above described. Should either of the said corpora-
tions fail to comply with the orders of the Commissioners
the work shall be done by the proper officials of the Dis-
trict of Columbia, and the amounts due from such corpora-
tion shall be collected as provided by section five of the
Act entitled "An Act providing for a i)erraanent form of
government for the District of Columbia,'' approved June
eleventh, eighteen hundred and seventy-eight.

Sec. 10. That every street-railroad corporation in the Annual report
District of Columbia, and every such corporation which
shall hereafter be organized, shall, on or before the first
day of February in each year, make a report to each the
Senate and the House of Representatives, which report
shall be sworn to and signed by the president and treasurer
of such corporation, and shall cover the period of one year
ending the thirty-first day of December previous to the
date of making the report. Such report shall state the
amount of capital stock, with a list of the stockholders and
the amount of stock held by each ; the amount of capital
stock paid in; the total amount now of funded debt; the
amount of floating debt; the average rate per annum of
interest on funded debt; amount of dividends declared;
cost of roadbed and superstructure, including iron; cost of
land, buildings, and fixtures, including land damages; cost
of cars, horses, harness, and motors and other machinery;
total cost of road and equipment; length of road in miles;
length of double track, including sidings; weight of rail,
by yard; the number of cars and of horses; the number of
motors; the total number of passengers carried in cars;
the average time consumed by passenger cars in passing
] over the road; repairs of roadbed and railway, including
iron, and repairs of buildings and fixtures; total cost of
maintaining road and real estate; cost of general superin-
tendence; salaries of officers, clerks, agents, and office ex-
X)enses; wages paid conductors, drivers, engineers, and
motor men; water and other taxes; damages to persons
and property, including medical attendance; rents, includ-
ing use of other roads; total expense of operating road,
and repairs; receipts from passengers; receipts from all
other sources, specifying what, in detail ; total receipts from

28 LAWS RELATING TO STREET-KAILWAY FRANCHISES.

all sources during the year ; payments for maintenance and
repairs; payments for interest; payments for dividends on
stock, amoant and rate per centum ; total payments during
the year; the number of persons injured in life and limb;
the cause of the injury, and whether passengers, employees,
or other persons.

Fare. Seo. 11. That cach of said companies shall receive a rate

of fare not exceeding five cents per passenger, and the said
companies, and each of them, shall make arrangements
with all existing railway companies in the District of
Columbia for the interchange of tickets in payment of fare
on its road: Provided^ That within the limits of the Dis-
trict of Columbia six tickets shall be sold for twenty-five
cents.

Amend ment, Sbo. 12. That Cougress rescrvcs the right to alter, amend,
®*®- or repeal this Act.

Approved, June 10, 1896.

BBIGHTWOOD RAILWAY GOMPAITT.

AN ACT to incorporate the Briehtwood Railway Company of the October 18, 1888.

District of Columbia. r~ ~ """

Stats. 25, p. 560.

Be it enacted by the Senate and House of Representatives
of the United States of America in Congress assembled^ That^rightwood
M. M. Parker, A. A. Thomas, C. M. Anderson, 0. B. Pear-corp*ora*te°d
son, and Joseph Paul, of the District of Columbia, and (amended).
their associates, successors, and assigns, be, and they are
hereby, created a body corporate and politic, under the
name of the Brightwood Eailway Company of the District
of Columbia, and may make and use a common seal, and by
that name may sue and be sued, plead and be impleaded,
with authority to construct and lay down a single or with
the approval of the Commissioners of the District a double
track railway, with the necessary switches, turn-outs, and
other mechanical devices and sewer connections, necessary to
operate the same by horse, cable, or electric power, in the Motive power.
District of Columbia, through and along Brightwood avenue. Route (extend-
from Boundary street to the boundary-line of the District ®^^-
of Columbia, with the right to run public carriages thereon
propelled by horse, electric, or cable power. Whenever the ^r^J*^**^'^*^^
foregoing route or routes may coincide with the duly author- ^^ **
ized rout or routes of any other duly incorporated street-
railway company in the District of Columbia, both com-
panies shall use the same tracks, ux>on such fair and equita- compensation
ble terms as may be agreed upon by said companies^ and^®^^^®*
in the event said companies fail to agree upon equitable
terms, either of said companies may apply, by petition, to
the supreme court of the District of Columbia, which shall
hear and determine the matter in due form of law, and
adjudge to the proper party the amount of compensation to
be paid therefor. Said corporation is authorized and empow- ^?J*^VpT®^

J A , ., 1 11 T 'J. -I n • 'J on other tracks.

ered to propel its cars on such other lines as it shall coincide
with by cable-power, or such other motive power as it shall
use to propel its own cars with on the routes prescribed in
this act, and may repair and construct such proportions of
its road as may be upon the line or route or routes of any
other road thus used; and in case of any disagreement Disagreement

J. •. J. J.' • •/!- as to repairs.

regarding such construction or repairs, with any company *^

whose line is thus used, such disagreement may be heard
and determined summarily upon the application of either
road to any court in said District having common-law juris-
diction. Said company shall receive a rate of fare not Fare.
exceeding five cents for each passenger, for each continuous
ride between all points of its line, but shall sell six tickets
for twenty-five cents: Provided^ If electric wires or cables ^^^^jjj^^®?^;
are used the same shall be placed under ground: p^Led).""

Sbo. 2. That the said railway company shall, on or before Annual report.
the fifteenth of January of each year, make a report to

30

LAWS RELATING TO STREET-RAILWAY FRANCHISES.

Taxes

Constr action.

Paving

Bepairs.

Changes
grade.

of

ExcaTations.

Congress of the names of all the stockholders therein, and
the amount of stock held by each, together with a detailed
statement of the receipts and expenditures, from whatever
source and on whatever account, for the preceding year end-
ing December the thirty-first, which report shall be verified
by aflSdavit of the president and secretary of said company ;
and if said report is not made at the time specified, or
within ten days thereafter, it shall be the duty of the Com-
missioners to cause to be instituted judicial proceedings to
forfeit this charter; and said company shall pay to the Dis-
trict of Columbia, in lieu of taxes upon personal property,
including cars and motive power, for each year, four per
centum of its gross earnings upon its traffic, which amount
shall be payable to the collector of taxes at the times and
in the manner that other taxes are now due and payable,
and subject to the same penalties on arrears; and the fran-
chise and property of said company, both real and personal,
to a sufficient amount, may be seized and sold in satisfac-
tion thereof, as now provided by law for the sale of other
property for taxes; and said per centum of its gross earn-
ings shall be in lieu of all other assessments upon its per-
sonal property, used solely and exclusively in the operation
and management of said railway. Its real estate shall be
taxed as other real estate in the District, provided its
tracks shall not be taxed as real estate.

Sec. 3, That the said railway shall be laid upon such part
of the road as may be designated by the Commissioners of
the District, and must be constructed of good materials,
and in a substantial and durable manner, with the rails of
the most approved pattern, all to be approved by the Com-
missioners of the District, laid upon an even surface with
the pavement of the street, and in such a manner as to
interfere with the ordinary travel as little as practicable;
and the gauge to correspond with that of other city rail-
roads.

Sec. 4. That the said corporation shall, at its own expense,
keep its tracks, and for the space of two feet beyond the
outer rails thereof, and also the space between the rails and
tracks, well graded or paved and in good repair, so as to
impede the general travel as little as possible.

Sec. 5. That in the event of a change of grade at any
time of any of the streets, avenues, or roads occupied by
the tracks of this corporation it shall be the duty of said
company to change its said railroad so as to conform to
such grade as may have been thus established at its own
expense.

Sec. 6. That it shall be lawful for said corporation, its suc-
cessors or assigns, with the approval of the Commissioners
of the District of Columbia, to make all needful and con-
venient trenches and excavations and sewer connections,
in any of said streets or places where said corporation may
have the right to construct and operate its road, and place
in such trenches and excavations all needful and convenient
devices and machinery for operating said railroad in the
manner and by the means aforesaid; and said sewer con-
nections shall have such traps or other devices as may be

LAWS RELATING TO STREET-RAILWAY FRANCHISES. 31

required by the Commissionersof the District of Columbia;

it shall also be lawful for said corporation, its successors

or assigns, to erect and maintain, at such convenient and

suitable points along its lines as may seem most desirable

to the board of directors of the said corporation, subject

to the approval of the Commissioners of the District, an

engine house or houses, boiler house or houses, and all ^^nginehoiwes,

other buildings necessary for the successful operations of**

an electric or cable-motor railroad.

Sec. 7. That it shall not be lawful for said corporation, speed,
its successors or assigns, to proi)el its cars over said rail-
road, or any part thereof, at a rate of speed exceeding fifteen
miles per hour; and for each violation of this provision
said corporation, its successors or assigns, as the case may
be, shall be subject to a penalty of fifty dollars, to be recov-
ered in any court of competent jurisdiction at the suit of
the Commissioners of the District of Columbia.

Sec. 8. That the snid railway shall be commenced within a^^f^^J"*
three months and completed to Brightwood within twelve *" *^^^
months from the passage of this act; and the entire line to
be completed in two years from the passage of this act.

Sec. 9. That the capital stock of said company shall not capitfti stock.
exceed, if horse power is to be used, sixty thousand dollars.
If electric motor power is to be used, the capital stock shall
not exceed one hundred and two thousand dollars. If pro-
pelled by cable, the capital stock shall not exceed two hun-
dred and four thousand dollars; that the stock shall be
divided into shares of fifty dollars each, transferable in such
manner as the by-laws of said company may direct; and
said company shall require the subscribers to the capital Payment.
stock to pay in cash the amount by them respectively sub-
scribed, at such times (after the first i nstallment) and in such
amounts as the board of directors may deem proper and
necessary in the construction of said road ; and if any stock- J^^^^^u. ^^
l^older shall refuse or neglect to pay any installment, as
required by a resolution of the board of directors, after
reasonable notice of the same, the said board of directors
may sell at public auction, to the highest bidder, so many
shares of his said stock as shall pay said installment; and
the person who offers to purchase the least number of shares
for the assessment due shall be taken as the highest bidder,
and the sale shall be conducted under such general regula-
tions as maybe made in the by-laws of said company; but
no stock shall be sold for less than the total assessments
due and payable, or said corporation may sue and collect
the same from any delinquent subscriber, in any court of
competent jurisdiction.

Sec. 10. That the company shall place cars of the best car».
construction on said railway, with all modern improvements Equipment.
necessary to the convenience and comfort of passengers, and
shall run cars thereon as often as the public convenience may
require, in accordance with a table or schedule fixed by the Time-table.
company, a copy of which shall be filed with the Commis-
sioners of the District of Columbia and approved by them.

Sec. 11. That the company shall buy, lease, or construct shop*, depots,
(Emch passenger-rooms, ticketofiBces, workshops, depots^ ^^^'

32 LAWS RELATING TO STREET-RAILWAY FRANCHISES.

lands, and buildings as may be necessary at such points on
its line as may be approved by the Commissioners of the
District.
Lost articles. gEC. 12. That all articlcs of value that may be inadvert-
ently left in any of the cars or other vehicles of the said
company shall be taken to its principal depot and entered
in a book of record of unclaimed goods, which book shall
be open to the inspection of the public, and if said prox)erty
remains unclaimed for one year the company may sell the
same after five days' notice.
orRanizatioii. sec. 13. That withiu thirty days after the passage of this
act the corporators named in the first section, or a majority
of them, or if any refuse or neglect to act, then a majority
of the remainder, shall cause books of subscription to the
capital stock of said company to be opened and kept opeU),
in some convenient and accessible place in the District of
Columbia, from nine o'clock in the forenoon till five o'clock
in the afternoon, for a period to be fixed by said corporators,
not less than five days (unless the whole stock shall be
sooner subscribed for) ; and said corporators shall give pub-
lic notice by advertisement in at least two daily papers
published in the city of Washington, of the time when and
the place where said books shall be opened; and subscrib-
ers upon said books to the capital stock of tbe company
shall be held to be stockholders: Provided, That every sub-
tto*ofrab8crib s^^^^^'* Shall pay, at the time of subscribing, ten per centum
ingf ^ ^^ ^^^^ "of the amount by him subscribed, to the treasurer appointed

by the corporators, or his subscription shall be nuU and
void : Provided further , That nothing shall be received in

in^raey"** ***^ P^y°^^^* ^^ ^^^ *®^ P®^ ccutum, at tlic time of subscribing,

except lawful money or certified checks from any national
bank. And when the books of subscription to the capital
stock of said company shall be closed, the corporators
named in the first section, or a majority of them, and iu
case any of them refuse or neglect to act, then a majority
of the remainder shall, within twenty days thereafter, call

of^khSd^ire"^ the first meeting of the stockholders of said company, to

meet within ten days thereafter, for the choice of directors,
of which public notice shall be given for five days in two
newspapers published daily in the city of Washington, and
by written personal notice to each stockholder by the clerk
of the corporation; and in all meetings of the stockholders
each share shall entitle the holder to one vote, to be given
in person or by proxy.

th^cISrS*"**"' ^^^' ^^' "^^^^ *^® government and direction of the affairs
e company. ^^ ^^^ compauy shall be vested in a board of nine direct-
ors, who shall be stockholders of record, and who shall
hold their office for one year, and until their successors
are duly elected and qualified; and the said directors, a
majority of whom shall be a quorum, shall elect one of
their number president of the board, who shall also be presi-
dent of the company; and they shall also choose a vice-
president, a secretary, and a treasurer, the latter of whom
shall give bonds with good and sufficient surety to said
company in such sum as the said directors may require, for
the faithful discharge of his trust. In case of a vacancy

LAWS BELATING TO STREET-RAILWAY FRANCHISES. 33

in tne board of directors by death, resignation, or otherwise
the vacancy so occasioned shall be filled by the remaining
directors.

Sec. 15. That the directors shall have the power to make Byiawa.
such by-laws, rales, and regulations as they shall deem
needful and proper touching the disposition and manage-
ment of the stock, property, estate, and effects of the com-
pany and the management of its business, not contrary to
this charter or to the laws of the United States and the
ordinance of the District of Columbia.

Sec. 16. That there shall be an annual meeting of the . Annual meet-
stockholders to choose directors, to be holden at such time ^°^'
and place, under such conditions, and upon such notice as
the said company in their by-laws may prescribe; and said
directors shall annually make a report in writing of their
doings to the stockholders.

Sec. 17. That said company shall have at all times the Free use of
free and uninterrupted use of its road- way ; and if any per- ''*^*^^"y-
son or persons shall willfully, mischievously, and unneces-
Barily obstruct or impede the passage of the cars of said
railway with a vehicle or vehicles, or otherwise, or in any
manner molest or interfere with passengers or operatives
while in transit, or destroy or injure the cars of said rail-
way or depots, or other property belonging to said rail-
way, the person or persons so offending shall forfeit and
pay for each such offense not less than twenty- five nor more
than one hundred dollars, to be recovered as other fines
and x)enalties in said District, and shall also be liable to
said company, in addition to said penalty, for any loss or
damage occasioned by his or her or their act as aforesaid;
but no suit shall be brought unless commenced within sixty
days after such offense shall have been committed.

Sec. 18. That said company shall have the right of way crogaings.
across such other railways as are now in operation within the
limits of the lines granted by this act, and is hereby auth-
orized to construct its said road across such other railways :
Provided^ That it shall not unnecessarily interrupt the
travel of such other railways in sacli construction.

Sec. 19. That Congress reserves the right to alter, amend, Amendment.
or repeal this act.

Approved, October 18, 1888.

AN ACT to amend an act entitled *'An act to incorporate the Bright- July 26, 1892.
wood Hallway Company of the District of Columbia." state 27 p 270

Be it enacted by the Senate and Home of Representatives
of the United States of America in Congress assembled, That j^^y^ght wood
the charter granted to the Brightwood Eailway Company cbarteramend^l
by an act of Congress approved October eighteenth,
eighteen hundred and eighty-eight, be, and the same is,
amended as follows:

"That within six months from the date of the approval of
this act, the said Brightwood Railway Company shall equip
and operate its existing line with the overhead trolley sys- ^^ ® r h o a d
tern of electric motive power, and shall thereafter maintain

C175 3

34 LAWS RELATING TO STREET-RAILWAY FRANCHISES.

the road in first-class condition. That the road shall he
^*^*' supplied entirely with new cars of the most approved pat-

tern, which shall be run as the public convenience shall
require, but not less frequently than one car every fifteen
minutes from each end of the line, between five o'clock
ante meridian and twelve o'clock midnight.
Extension of " Sbc. 2. That within twelve months from the date of the
triStunJ!* ^** ' approval of this act the said Brightwood Eailway Company

shall extend its tracks to the District line, as provided in
the original charter of said company, and shall oi>erate the
new portion of the line in the same manner and under the
same conditions as hereinbefore provided for the operation
of those portions of the road already built. The said com-
pany shall also construct and maintain a branch line, begin-
ning at a point, to be located by the Commissioners of the
District of Columbia, west of the Baltimore and Ohio Bail-
To Takomaroad track on Fifth street in Takoma Park; thence along
Park. Fifth street to Umatilla street; thence west along UmatiUa

street to and across Piney Branch road, and thence to
Brightwood avenue by such route as the Commissioners of
the District of Columbia shall approve. Said branch line
shall be operated by the overhead trolley system ; and when
the company lays its double track from Brightwood to Ta-
koma Park said tracks shall be laid on one side of the said
Cam. road ; the cars used shall be first-class in every respect, and

schednie. the schcdulc of the running of cars shall be subject to the
approval of the District Commissioners, but cars shall be
run as often as one every fifteen minutes between the hours
of five o'clock ante meridian and twelve o'clock midnight
Commence- Work ou the Said branch road shall be begun within two
piltion*"^ ^^^ months and completed, with cars running thereon, within
one year from the date of the approval of this a€t.
condem^tiOTi u Qbc^ 3^ That in the event that the company should not
an req re . ^^ ^^^^ ^^ comc fco au agreement with the ownur or owners
of any land through which the said road may be located to
pass, or upon which any necessary buildings may be re-
quired to be located, proceedings for the condemnation for
the use of the company of so much of said land as may be
required, not exceeding one hundred feet in width, for its
roadway, and of so much as may be necessary for build-
ings, and so forth, may be instituted in the usual way in
the supreme court of the District of Columbia, under such
rules and regulations as said court may prescribe for such
purposes.
Forfeiture <'Sec. 4. That any failure to comply with any of the pro-
dauBe. visions of this act shall work a forfeiture of the original

charter of the said Brightwood Eailway Company. All
acts or parts of acts inconsistent with the provisions of this
act are hereby repealed.
Amendment "Sbo. 5. That Congrcss rcscrvcs the right to alter,
and repeal. amend, or repeal this act."

Approved, July 26, 1892.

LAWS RELATING TO STKEET-RAILWAY FRANCHISES. 35

AN ACT to amend the chaxter of the Brightwood Railway Company Feb. 27, 1893.

of the District of Columbia. State. 27, p. 490.

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembledj That the Bngh twood
Brightwood Eailway Company of the District of Columbia ^naJ^ct^br^SSi
is hereby aathorized to construct, equip, and operate, with^hie.
the overhead trolley system of electric motive power, a
branch line of road and to run its cars thereon through and
along the following-named roads or streets in the District
of Columbia:

Beginning at the intersection of the Eock Creek Church »ottt«-
road and Eichmond street, in the subdivision of Petworth,
and running thence westerly along said Eichmond street to
Brightwood avenue; thence Southerly along the present
tracks of the said Brightwood Eailway on said Brightwood
avenue, to the intersection of Marshal^ street with said
Brightwood avenue; thence westerly along and over said
Marshall street to Kenyon avenue ; thence along said Kenyon
avenue westerly to Fourteenth street.

Sec. 2. That work on said branch road shall be begun commence.

.,, . . ,, , 1 i ji •XT- • ment and com-

Within SIX months and completed — with cars running pietion.
thereon — within one year from the date of the approval of
this act. (And said branch road shall be supplied with new
cars of the most approved pattern, which shall be run as cars.
the public convenience may require, and said branch road
shall be maintained in first-class condition.) And said
Brightwood Eailway Company shall charge not exceeding Fare.
^ye cents fare for one continuous ride from any point on
its line to the terminus of its main line or any of its
branches.

Sec. 3. That for the purpose of constructing and equip- Bonds.
X^ing its said branch line, as provided for in this act, the
said Brightwood Eailway Company is hereby authorized
and empowered to issue its bonds to aid in paying for such
construction and equipment of its said branch line, and to
secure the said bonds by mortgage or deed of trust of its
right of way and all of its property of whatsoever kind,
whether real, personal, or mixed, on said branch line : Pro-
videdj That the moneys raised on said bonds shall be used g^*.* ^^ ^^^
and expended only for the construction and equipment of
said branch line: And provided further^ That the amount. i-Jmi* of ^ond
of said bonds shall not exceed the actual cost of the right ^**^®'
of way, construction, and equipment, motive power, and
such land and buildings as may be necessary to the prac-
tical and complete operation of said branch line.

Sec. 4. That, should any part of the branch line of said coinciding
Brightwood Eailroad herein provided for coincide with por- *'^^-
tions of any other duly incorporated street railway in the
District of Columbia, but one set of tracts shall be used
when, on account of the width of the street or for other
sufficient reason, it shall be deemed necessary by the Com-
missioners of the District, and the relative conditions of
use and of chartered rights may be adjusted upon terms Term* of uae.
to be mutually agreed upon between the companies, or, in
case of disagreement, by the supreme court of the District

36 LAWS RELATING TO STREET-RAILWAY FRANCHISES.

of Columbia, on petition filed therein by either party and

on such notice to the other party as the court may order.*

Land for road- Sec, 5. That in the cvcnt that the company should not be

S^. *"^ ^^^^^ able to come to an agreement with the owner or owners of

any laud through which the said branch line may be located

to pass or upon which any necessary buildings may be re-

condemnation quircd to bc locatcd, procccdings for the condemnation for

proceedings. ^[^^ ^g^ ^f gg^j^j compauy of SO much of said land, as may be

required, not exceeding one hundred feet in width, for its
roadway, and of so much as may be necessary for buildings,
and so forth, may be instituted in the usual way in me
supreme court of the District of Columbia, under such
rules and regulations as said court may prescribe for such
purposes,
amended^ * ® ^ Sec. 6. That this act Shall be considered as an amend-
*™ ^ ment to the act approved October eighteenth, eighteen hun-

dred and eighty eight, granting a charter to the Bright wood
Railway Company, and shall be construed as being subject
to all the powers, privileges, limitations, and conditions of
said original act, except as specificaUy provided otherwise
hereiu.

Sec. 7. This act may be altered, amended or repealed by
Congress at any time, at its discretion.

Approved, February 27, 1893.

CAPITAL RAILWAY COMPAFT.

AN ACT to incorporate the Capital Railway Company. March 2, 1895.

Be it enacted by tlie Senate and House of Representatives ^ • . p- •
of the United States of America in Congress assembled , Tlaat Capital Rail-
John B. Stetson, Augustus Burgdorf, Clarence F. Normeut, rated SmSSSJ.
Arthur E. Eandle, Harry Upson Sims, Henry C. Long-
necker, W, Frederick Snyder, Joseph B. Lewis, and Wil-
liam Henry Handle, of , their associates and assigns,
be, and they are hereby, created a body corporate under the
name of the Capital Railway Company, and by that name
shall have perpetual succession, and shall be able to sue and
be sued, plead and be impleaded, defend and be defended
in all courts of law and equity within the United States,
and may make and have a common seal. And said cor-
poration is hereby authorized to construct and lay down a
street railway, with the necessary switches, turn-outs, and Authorized to
other mechanical devices in the District of Columbia, and p^fc^TfiT;
run cars thereon for carrying passengers, parcels, milk, a^idtnick.
and truck by and along the following route: Beginning at j^^^t^ (amend-
a point on the District line near the Potomac Eiver, south- ed).
east of Shepherds Ferry, thence north by such route as
shall be approved by the District Commissioners to the
south side of the Eastern Branch or Auacostia River,
thence across the same by transfer ferry to First street or ^^^^^ (repeal-
South Capitol street, as may be approved by the District ''
Commissioners, to M street, over the same route to the
beginning; also commencing at Anacostia railroad tracks
and Harrison street, Anaeostiaj thence along Harrison
street and Good Hope Road, Good Hope Road extended,
to the District line, and return over same route. These
routes may be modified or extended at the will of Con-
gress, and the Capital Railway Company shall comply
with such modifications or extensions.

Sec. 2. That whenever the roadway of any street occu- widening of
pied by the Capital Railway Company is widened, one-half**^®***
of the cost of widening and the improvement of such
widened part shall be charged to the said railway com-
pany, and collected from said company in the same man-
ner as the cost of laying or repairing pavements lying
between the exterior rails of the tracks of street railways,
and for a distance of two feet from and exterior to such
track or tracks on each side thereof, is collectible under
the provisions of section five of the Act entitled "An Act
providing a permanent form of government for the District
of Columbia," approved June eleventh, eighteen hundred
and seventy-eight.

Seo. 3. That when the route described coincides ^i^^eonStr^ixid'"^
that of a country road of less width than sixty-six feet the ^"° ^^ "** '
railway shall be constructed entirely outside the road.

38

LAWS RELATING TO STREET-RAILWAY FRANCHISES.

Paving.

Lights.

Change
grade.

of

CoMtruction. gEC. 4. That the said railway shall be constructed iu a
substantial and durable manner, and all rails, electrical
and mechanical appliances, conduits, stations, and so forth,
shall be approved by the Commissioners of the District of
Columbia.

Sec. 5. That the said corporation shall at all times keep
the space between its tracks and rails and two feet exte-
rior thereto in such condition as the Commissioners of the
District of Columbia, or their successors, may direct, and
whenever any street occupied by said railway is paved or
repaired or otherwise improved the said corporation shall
bear all the expense of improving the spaces above de-
scribed. Should the said corporation fail to comply with
the orders of the Commissioners the work shall be done by
the proper officials of the District of Columbia, and the
amounts due from said corporation shall be collected as
provided by section five of the Act entitled '*An Act pro-
viding a permanent form of government for the District of
Columbia," approved June eleventh, eighteen hundred and
seventy-eight.

Sec. 6. That if the said railway be operated by overhead
wires, the corporation shall furnish and maintain such
lights along its line as the Commissioners of the District
of Columbia may direct, without cost to the District of
Columbia; but no overhead wires shall be constructed or
used within the limits of the city of Washington.

Sec. 7. That nothing in this Act shall prevent the Dis-
trict of Columbia at any time, at its option, from altering
the grade of any avenue, street, or highway occupied by
said railway, or from altering and improving streets, ave-
nues, and highways, and the sewerage thereof; in such
event it shall be the duty of said company at once to
change its said railway and the pavement so as to conform
to such gi*ades and improvements as may have been
established.

Sec. 8. That it shall be lawful for said railway company,
its successors or assigns, having first obtained the j;)ermis-
sion of the District Commissioners therefor, to make all
needful and convenient trenches and excavations in any of
said streets or places where said company may have the
right to construct and operate its road, and place in such
trenches and excavations all needful and convenient de-
vices and machinery for operating said railroad in the
same manner and by the means herein provided, but shall
forthwith restore the street to like good condition as it was
before. But whenever such trenches or excavations shall
interfere with any sewer, gas, or water pipes, or any sub-
ways or conduits, or any public work of the kind, then the
expense necessary to change such underground construc-
tions shall be borne by the said railroad company.
Deposit for Sec, 9. That the said company shall, before commencing
water mane. ^q^Jj- qq ^^bid railroad ou such street, deposit with the
Treasurer of the United States, to the credit of the Wash-
ington Aqueduct, such sum as the Secretary of War may
consider necessary to defray all the expenses that may be
incurred by the United States in connection with the inspeo-

Excavations.

LAWS RELATING TO STREET-RAILWAY FRANCHISES. 39

tion of the work of construction of said railroad on such
street, and in making good any damages done by said
company or its works, or by any of its contracting agents,
to any of said mains, fixtures, or apparatus, and in com-
pleting, as the Secretary of War may consider necessary,
any of tbe work that the said company may neglect or
refuse to complete, and that the Secretary of War may
consider necessary for the safety of said mains, fixtures, or
apparatus; and the said company shall also deposit as
aforesaid such further sums for said purposes at such
times as the Secretary of War may consider necessary:
Providedj That the said sum shall be disbursed like other
moneys appropriated for the Washington Aqueduct, and
that whatever shall remain of said deposits at the end of
one year after the completion of said railroad in such street
shall be returned to said company on the order of the Sec-
retary of War, with an account of its disbursement in
detail : And provided also. That disbursements of said depos-
its shall, except in cases of emergency, be made only on the
order of the Secretary of War.

Sec. 10. That it shall also be lawful for said corporation, Enginehouses,
its successors or assigns, to erect and maintain, on private®^*
grounds, at such convenient and suitable points along its
lines as may seem most desirable to the board of directors
of the said corporation, and subject to the approval of the
said Commissioners, an engine house or houses, boiler
house, and all other buildings necessary for the successful
operation of its railroad.

Sec. 11. That the line of the said railway company shall commencement

•L J 'xi-* J 1 i J "xi.- XI- ^^^ completion

be commenced withm one year and completed within three (modified).
years from date of the passage of this Act; and in default
of such commencement or completion within the time in
this section specified, all rights, franchises, and x)rivileges
granted by this Act shall immediately cease and determine.

Sec. 12. That the said company may run public carriages Motive power,
propelled by cable, electric, or other mechanical power; but
nothing in this Act shall allow the use of steam power in
locomotives, or of overhead trolleys within the limits of the
city: Provided, That if electric power by trolley be used, j^^*™^*^^© ^o
that the said company shall be liable for all damages ei^^iysiB*.' ^
made thereby to subsurface metal pipes, and to other public
and private property: Provided further j That for the pur-
pose of making;a continuous connection over the route here-
inbefore described the said company shall have the right
to cross all streets, avenues, and highways that may be croesinga.
along the designated route, and shall have the right to con-
struct ferry slips and to operate and maintain a steam trans- Ferry 8Up8an4
fer ferry from a point at or near the foot of South Capitol ^®"y*
street to the opposite shore of the Anacostia Eiver, for the
purpose of transferring its passengers, and so forth, or cars,
subject to the approval of the Commissioners of the District
of Colombia: Provided further j That whenever the forego-
ing route or routes may coincide with the route or routes coinciding
of any duly incorporated street railway company in the"*"*®**
District of Columbia the tracks shall be used by both com-
panies^ which are hereby authorized and empowered to uie^

38

LAWS RELATING TO STREET-RAILWAY FRANCHISES.

Paving.

Lights.

Change
grade.

Confltruction. Sec. 4. That the said railway shall be constructed iu a
substantial and durable manner, and all rails, electrical
and mechanical appliances, conduits^ stations, and so forth,
shall be approved by the Commissioners of the District of
Columbia.

Sec. 5. That the said corporation shall at all times keep
the space between its tracks and rails and two feet exte-
rior thereto in such condition as the Commissioners of the
District of Columbia, or their successors, may direct, and
whenever any street occupied by said railway is paved or
repaired or otherwise improved the said corporation shall
bear all the expense of improving the spaces above de-
scribed. Should the said corporation fail to comply with
the orders of the Commissioners the work shall be done by
the proper officials of the District of Columbia, and the
amounts due from said corporation shall be collected as
provided by section five of the Act entitled '^An Act pro-
viding a permanent form of government for the District of
Columbia," approved June eleventh, eighteen hundred and
seventy -eight.

Sec. 6. That if the said railway be operated by overhead
wires, the corporation shall furnish and maintain sach
lights along its line as the Commissioners of the District
of Columbia may direct, without cost to the District of
Columbia; but no overhead wires shall be constructed or
used within the limits of the city of Washington,
of Sec. 7. That nothing in this Act shall prevent the Dis-
trict of Columbia at any time, at its option, from altering
the grade of any avenue, street, or highway occupied by
said railway, or from altering and improving streets, ave-
nues, and highways, and the sewerage thereof; in such
event it shall be the duty of said company at once to
change its said railway and the pavement so as to conform
to such gi*ades and improvements as may have been
established.

Sec. 8. That it shall be lawful for said railway company,
its successors or assigns, having first obtained the ];)ermi8-
sion of the District Commissioners therefor, to make all
needful and convenient trenches and excavations in any of
said streets or places where said company may have the
right to construct and operate its road, and place in such
trenches and excavations all needful and convenient de-
vices and machinery for operating said railroad in the
same manner and by the means herein provided, but shaU
forthwith restore the street to like good condition as it was
before. But whenever such trenches or excavations shall
interfere with any sewer, gas, or water pipes, or any sub-
ways or conduits, or any public work of the kind, then the
expense necessary to change such underground construc-
tions shall be borne by the said railroad company.
Deposu^ for Sec. 9. That the said company shall, before commenciDg
work on said railroad on sucli street, deposit with the
Treasurer of the United States, to the credit of the Wash-
ington Aqueduct, such sum as the Secretary of War may
consider necessary to defray all the expenses that may 1)6
incurred by the United States in connection with the inspeo*

Excavations.

water mains.

LAWS RELATING TO STKEET-RAILWAY FRANCHISES. 39

tion of the work of construction of said railroad on such
street, and in making good any damages done by said
company or its works, or by any of its contracting agents,
to any of said mains, fixtures, or apparatus, and in com-
pleting, as the Secretary of War may consider necessary,
any of the work that the said company may neglect or
refuse to complete, and that the Secretary of War may
consider necessary for the safety of said mains, fixtures, or
apparatus; and tbe said company shall also deposit as
s^oresaid such further sums for said purposes at such
times as the Secretary of War may consider necessary:
Provided^ That the said sum shall be disbursed like other
moneys appropriated for the Washington Aqueduct, and
that whatever shall remain of said deposits at the end of
one year after the completion of said railroad in such street
shall be returned to said company on the order of the Sec-
retary of War, with an account of its disbursement in
detail : And provided alsOj That disbursements of said depos-
its shall, except in cases of emergency, be made only on the
order of the Secretary of War.

Sec. 10. That it shall also be lawful for said corporation, Enginehooaee,
its successors or assigns, to erect and maintain, on private ®^'
grounds, at such convenient and suitable points along its
lines as may seem most desirable to the board of directors
of the said corporation, and subject to the approval of the
said Commissioners, an engine house or houses, boiler
house, and all other buildings necessary for the successful
operation of its railroad.

Sec. 11. That the line of the said railway company shall commonoement

- J ..»_• J 1 i J 'iv- j.\. and completion

be commenced within one year and completed withm three (modified).
years from date of the passage of this Act; and in default
of such commencement or completion within the time in
this section specified, all rights, franchises, and privileges
granted by this Act shall immediately cease and determine.

Sec 12. That the said company may run public carriages MoUve power.
propelled by cable, electric, or other mechanical power; but
nothing in this Act shall allow the use of steam power in
locomotives, or of overhead trolleys within the limits of the
city: Provided, That if electric power by trolley be used, j^*™/^^© ^o
that the said company shall be liable for all damages eL^^iysiB? ^
made thereby to subsurface metal pipes, and to other public
and private property: Provided further , That for the pur-
pose of makings continuous connection over the route here-
inbefore described the said company shall have the right
to cross all streets, avenues, and highways that may be croBsings.
idong the designated route, and shall have the right to con-
strairt ferry slips and to operate and maintain a steam trans- Ferry aUpaan4
fer ferry from a point at or near the foot of South Capitol ^®"y*
street to the opposite shore of the Anacostia Eiver, for the
purpose of transferring its passengers, and so forth, or cars,
subject to the approval of the Commissioners of the District
of Columbia: Provided further^ That whenever the forego-
ing route or routes may coincide with the route or routes coinciding
of any duly incorporated street railway company in the"*"*®**
District of Columbia the tracks shall be used by both com-
panies) which are hereby authorized and empowered to ufiA

40 LAWS RELATING TO STREET-RAILWAY FRANCHISES.

saeli tracks iu common upon snch fair and equitable terms
as may be agreed upon by said companies ; and in the event
the said companies fail to agree upon equitable terms, either
of said companies may apply by petition to the supreme
court of the District of Columbia, which shall immediately
provide for proper notice to and hearing of all parties in-
terested, and shall have power to determine the terms and
conditions u] on which and the regulations under which the
company hereby incorporated shall be entitled so to use and
enjoy the track of such other street railway company, and
the amount and manner of compensation to be paid there-
for : And provided further , That neither of the companies
using such track in common shall be permitted to make the
track so used in common the depotor general stopping place
to await passengers, but shall only be entitled to use the
same for the ordinary passage of its cars, with the ordinary
halts for taking up and dropping off passengers: Provided,
That this shall not apply to or interfere with any station
already established on any existing lines; that said cx)rpora-
tion is authorized and empowered to propel its cars over the
line of any other road or roads whi(;h may be in the align-
ment with and upon such streets as maybe covered by the
route or routes as i)rescribed in this Act, in accordance with
the conditions hereinbefore contained ; and that this corpor-
ation shall construct and repair such portions of its road as
maybe upon the line or routes of any other road thus used;
and in case of any disagreement with any company whose
line of road is thus used such disagreement may be sum-
marily determined upon the application of either road to
any court in said District having competentjurisdiction.

Paaseiigor Sec. 13. That the said company shall furnish and main-
tain passenger houses, as required by the Commismoners
of the District of Columbia, and shall use first-class cars on

Cars. . gg^i^ railway, with all the modern improvements for the con-
venience, comfort, and safety of passengers, and shall run
cars as often as the public convenience may require, in

Timetable, accordancc with a time-table to be subject to the approval
of the Commissioners of the District of Columbia. Every

Penalty. failure to comply with the conditions of this section shall
render the said corporation liable to a fine of fifty dollars,
to be recovered in any court of competent jurisdiction at
the suit of the Commissioners of said District.

Speed. Sec. 14. That the Commissioners of the District of Co-

lumbia may make such regulations as to rate of speed,

tjM^ArScks ^^^^® ^^ "^ ^^ tracks, and removal of ice and snow as in
their judgment the interest and convenience of the public
may require. Should the servants or agents of said com-
l)any willfully or negligently violate such an ordinance or
regulation said company shall be liable to the District of
Columbia for a penalty not exceeding five hundred dollars.

organizatiouof Sec. 15. That withiii thirty days after the passage of this
company. ^^.^ ^^q corporators named in the first section, their asso-

ciates, successors, or assigns, or a majority of them, or if
any refuse or neglect to act, then a majority of the remain*
der, shall meet at some convenient and accessible place in
the District of Columbia for the organization of said com*

LAWS RELATING TO STREET-RAILWAY FRANCHISES. 41

pany and for the receiving of subscriptions to the capital
stock of the company : Provided, That every subscriber
shall pay at the time of subscribing ten per centum in cash ^^ cent to
of the amount by him subscribed to the treasurer appointed be paid on stock.
by the corporation, or his subscription shall be null and
void: Provided further. That nothing shall be received in
payment of the ten per centum at the time of subscrib-
ing except lawful money or certified checks from any
established national bank. And when the books of the
subscription to the capital stock of said company shall be
closed the corporators named in the first section, their asso-
ciates, successors, or assigns, or a majority of them, and in
case any of them refuse or neglect to act, then a majority
of the remainder, shall, within twenty days thereafter, call corporators to
the first meeting of the stockholders of said company to cju meeting of

j_ 'ii 'J. "I j_"i m_ J* j_i T_ • /» T • j_ 8t(OCicnoiciers»

meet withm ten days thereaffcer for the choice of directors,
of which public notice shall be given for five days in two
daily newspapers published in the city of Washington, and
by written personal notice to be mailed to the address ot
each stockholder by the clerk of the corporation ; and in
all meetings of the stockholders each share shall entitle the
holder to one vote, to be given in person or by proxy.

Sec. 16. That the government and direction of a^airs of oovemmentof
the company shall be vested in a board of directors, nine in d^cLrl!***^
in number, who shall be stockholders of record^ and who
shall hold their office for one year, and until others are duly
elected and qualified to take their places as directors; and
the said directors, a majority of whom shall be a quorum,
shall elect one of their number to be president of the board, officers.
who shall also be president of the company, and they shall
also choose a vice-president, a secretary, and a treasurer,
who shall give bond with surety to said company, in such
sums as the said directors may require, for the faithful dis-
charge of his trust. In the case of a vacancy in the board
of directors by the death, resignation, or otherwise, of any
director the vacancy occasioned thereby shall be filled by
the remaining directors.

Sec. 17. That the directors shall have the power to make Bylaws.
and prescribe such by-laws, rules, and regulations as they
shall deem needful and proper touching the disposition and
management of the stock, property, estate, and effects of
the company not contrary to the charter or to the laws of
the United States and the ordinances of the District of
Columbia.

Seo. 18. That there shall be at least an annual meeting ^"^t™^^:
of the stockholders for choice of directors, to be holden at©?!.** *
such time in the District of Columbia, under such condi-
tions, and upon such notice as the said company in their
by-laws may prescribe; and said directors shall annually
make a report in writingof their doings to the stockholders.

Seo. 19. That said company is hereby authorized to issue
its capital stock to an amount not to exceed the estimated capital stock
cost of the construction and equipment of the road in shares ^^°"*®^*
of fifty dollars each, and to issue bonds not to exceed the
cost of constniction of the road, but such stock and bonds
shall not exceed in the aggregate more than the actual co^t

42 LAWS RELATING TO STREET-RAILWAY FRANCHISES.

of the right of way, construction, and equipment of said

road. Said company shall require the subscribers to the

How to be paid Capital stock to pay in cash to the treasurer appointed by the

in. corporators the amounts severally subscribed by them, as

follows, namely : Ten per centum at the time of subscribing
and the balance of such subscription to be paid at such times
and in such amounts as the board of directors may require;
and no subscription shall be deemed valid unless the ten per
centum thereof shall be paid at the time of subscribing, as
hereinbefore provided; and if any stockholder shali refuse
or neglect to pay any installment as aforesaid, or as re-
quired by the resolution of the board of directors, after
Sale of stock in seasonable notice of the same, the said board of directors

default. may sell at public auction, to the highest bidder, so many

shares of his stock as shall pay said installments, and the
person who offers to purchase the least number of shares for
the assessment due shall be taken to be the highest bidder,
and such sale shall be conducted under such general regu-
lations as may be adopted in the by-laws of said company;
but no stock shall be sold for less than the total assess-
ments due and payable, or said corporation may sue and
collect the same from any delinquent subscriber in any
court o4 competent jurisdiction: Provided, That no certifi-
cates of stock shall be issued until the same has been paid
for in money at its face value.
Articiee left in Sec. 20. That all articlcs of value that may be inadvert-

®*"* ently leffe in any of the cars or other vehicles of the said

company shall be taken to its principal depot and entered
in a book of record of unclaimed goods, which book shall
be open to the inspection of the public at all reasonable
hours of business.
Annual report Sec. 21. That Said compauy shall, on or before the first of

to Congress. February ol each year, make a report to Congress, through

the Commissioners of the District of Columbia, of the names
of all the stockholders therein and the amount of stock
held by each, together with a detailed statement of the
receipts and expenditures, from whatever source and on
whatever account, for the preceding year ending December
thirty-first, and such other facts as may be required by any
general law of the District of Columbia, which report shall
be verified by the affidavit of the president and secretary
of said company, and, if said report is not made at the time
specified, or within ten days thereafter, such failure shall
of itself operate as a forfeiture of this charter, and it shall
be the duty of the Commissioners to cause to be instituted
Taxes. propcr judicial proceedings therefor; and said company

shall pay to the Distiict of Columbia, in lieu of personal
taxes upon personal property, including cars and motive
power, each year, four per centum of its gross earnings,
which amount shall be payable to the collector of taxes
at the times and in the manner that other taxes are now
due and payable, and subject to the same penalties on ar-
rears; and the franchise and property of said company,
both real and personal, to a sufficient amount, may be seized
and sold in satisfaction thereof, as now provided by law for
the sale of other property for taxes ; and said per centam of

LAWS RELATING TO STREET-RAILWAY FRANCHISES. 43

its gross earnings shall be in lieu of all other assessments of
X>ersonal taxes upon its property used solely and exclusively
in the ox)eration and management of said railway : Pro-
Txdedj That its tracks shall not be taxed as real estate.

Sec. 22. That said company may receive a rate of fare Fare,
not exceeding five cents per passenger; and the said com-
pany may make arrangements with all existing railway
companies in the District of Columbia for the interchange
of tickets in payment of fare on its road: Provided^ That
within the limits of the District of Columbia six tickets
shall be sold for twenty-five cents.

Sec. 23. That the said company shall have at all times Free use of
the free and uninterrupted use of the roadway, subject to'**^^*^-
the rights of the public, and if any person or persons shall
willftilly, mischievously, and unlawfully obstruct or impede
the passage of cars of said railway company with a vehicle
or vehicles, or otherwise, or in any manner molest or inter-
fere with passengers or operatives while in transit, or de-
stroy or injure the cars of said railway, or depots, stations,
orother property belonging to the said railway company, the
person or persons so offending shall forfeit and pay for each
such offense not less than twenty-five nor more than oneterffe?Si*^f"'^'"'
hundred dollars, to be recovered as other fines and penalties
in said District, and shall remain liable, in addition to said
penalty, for any loss or damage occasioned by his or her or
their act as aforesaid ; but no suit shall be brought unless
commenced within sixty days after such offense shall have
been committed.

Sec. 24. That the Capital Eailway Company shall have crosaiBgs.
the right of way across such other railways as are now in
ox>eration within the limits of the lines granted by this
Act, and is hereby authorized to construct its said road
across such other railways : Provided^ That it shall not inter-
rupt the travel of such other railways in such construction.

Sec. 25. That no person shall be prohibited the right to j^ection from
travel on any part of said road, or be ejected from the cars <^*"-
by the company's employees for any other cause than that of
being drunk, disorderly, or contagiously diseased, or refus-
ing to pay the legal fare exact^, or to comply with the
lawful general regulations of the company.

Sec. 26. That in the event the company should not be ^^^|«™"»*»"»
able to come to an agreement with the owner or owners of** *" '
any land through which the said road maybe located or pass,
proceedings for the condemnation for the use of the com-
pany of so much of said land as may be required, not ex-
ceeding twenty feet in width, may be instituted in the usual
way in the supreme court of the District of Columbia, under
such rules and regulations as said court may prescribe for
such purposes : Provided^ That any property owner shall
have the right of trial by jury in such issue.

Sec. 27. That should the Capital Railway Company fail commencanent

. ,,,,'. ^ y.. -^T -MX.* and completion.

to commence or complete the constrnction of its road withm
the limit of time prescribed by this Act, all rights, fran-
chises, and privileges herein granted shall cease and deter-
mine.

44 LAWS RELATING TO STREET-RAILWAY FRANCHISES.

Location of Sec. 28. That all plans of location and construction of
approved by tracks and other structures in public places pertaining to
Commissioners. ^^dA railway shall be subject to the approval of the Com-
missioners of the District of Columbia, and all work thereof
coS&?torifto^ shall at all times be subject to their supervision. The said
' company shall, from time to time, deposit with the collector
of taxes of the District of Columbia such amounts as may
be deemed necessary by said Commissioners to cover the
costs of inspection, supervision, changes to water pipes and
sewer connections, changes of curb and pavement, and work
not otherwise provided for, which may be made necessary
by the location, grade, or underground conduits of said rail-
way. Any unexpended balance remaining after construc-
tion of said road shall be returned to said company with an
account in full of the disbursement of such deposits,
ete?, shSibicSm- Sec. 29. That all the conditions, requirements, and obli-
piied witii. gations imposed by the terms of this Act upon the Capital

Eailway Company shall be complied with by any and adl
Repeal etc *^® succcssors to and assigns of said company.

Sec. 30. That this Act may at any time be altered,
amended, or repealed by the Congress of the United States.

Approved, March 2, 1895.

May 28, 1896. AN ACT to amend an act entitled ''An act to incorporate the Capital
" Railway Company," approved March second, eighteen hnndrecfand

ninety-five.

capitiu R^- Be it enacted hy the Senate and House of Jtepresentatives
amended.*' ^ ^ of the United States of America in Congress assembledy That
the Act entitled "An Act to incorporate the Capital Rail-
way Company,^' approved March second, eighteen hundred
and ninety-five, be, and the same is hereby, amended by
striking out in the first section all after- the words "have
a common seal," to the end of the section, and inserting
the following : " Said corporation is hereby authorized to
construct and lay down and complete a single or double
track street railway in the District of Columbia, and run
cars thereon for carrying passengers by and along the fol-

Route. lowing route: Beginning at a point on the District line

near the Potomac River southeast of Shepherd's Ferry,
thence by such route as shall be approved by the Commis-
sioners of the District of Columbia to the south side of
the Eastern Branch or Anacostia River at the Navy- Yard
bridge; thence across said bridge to Eleventh street east;
thence north on Eleventh street east to M street south;
thence west on M street to a point to be located by the
District Commissioners near Eighth street east, connect-
ing with the lines of the Capital Traction Company, also
continuing from said Eleventh and M streets north on
Eleventh street to the south building line of East Capitol
street, and returning over the same route to the point of
beginning. Also, beginning at the eastern end of the
Navy- Yard bridge, easterly along Monroe and Harrison
streets and Good Hope road, and from Good Hope road to
the District line, over such route as the District Commis-

LAWS RELATING TO STREET-RAILWAY FRANCHISES. 45

sioners shall approve, and returning over the same route

to the point of beginning: Provided, That within the city

of Washington a double-track railway shall be constructed : Double tracks

Provided further, That the line of said railway company in city.

shall be commenced within three months and completed Commence-

within one year from the date of the passage of this Act, piJaon*"^ ^™'

with the exception mentioned in section four of this Act."

Sec. 2. That the motive power to be used on the lines in Motive power,
this Act specified shall be the underground electric system
within the city of Washington and the overhead trolley
system outside the city of Washington. For crossing the
Navy- Yard bridge the said company may, in the discretion
of the Commissioners of the District of Columbia, use
either horse power or the underground electric system to
propel its cars 5 and the said company shall have the privi-
lege of carrying an electric current across the said ]5^avy-
Yard bridge in such manner as the said Commissioners of
the District of Columbia shall prescribe.

Sec. 3. That the Capital Railway Company, the Metropol- ?'ree transfeni
itan Bailroad Company, and the Capital Traction Company ten^a^^cT]^"
are hereby required to issue free transfers at the point of T^^»«*io>^com.
intersection of their respective lines, so that for the pay- ^"° ^*
ment of one fare a passenger on either road shall have the
privilege of riding over the lines of both.

Sec. 4. That the portions of the company's route from si^^^e5d8Lan*d
Congress or Pencote Heights to Shepherd's Landing and ing^ndDisSct
the Harrison street branch east to the District line shall ^®*
be completed within two years from the passage of this
Act: Provided, That failure to complete the said portions
of the routes as provided for in this section, and, also,
failure to complete the extension on Eleventh street east
shall operate to repeal the authority to build said portions,
and shall not repeal the charter of said company.

Sec. 5. That Congress reserves the right to alter, amend, ^^Amendmenta,
or repeal this Act.

Approved, May 28, 1896.

* ,

CAPITAL TRAGTIOlSr GOMPAHT (EMBBACIlSrO THE ROCK GREEK
RAUWAT GOMFAHT AND THE WASHINOTOlSr AND GEORGETOWN
RAILROAD GOMFANT).

•AN ACT to incorporate the Washington and Georgetown Kailroad May 17, 1862.
Company. (Now the Capital Traction Company.) U S Stats vol

12, p. 388.

Be it enacted by the Senate and House of Representatives
of the United States of America in Congress assembled^ That Washington
Eliab Kingman, Franklin Tenney, J. J. Coombs, Sayles J. SS^tii?S'^(5^r
Bowen, Gharles H. Upton, Henry Addison, Hallett Kil- pj^' (aJSSJ^r
bourne, and their associates and assigns be, and they are * *°**°
hereby created a body corporate, under the name of the
" Washington and Georgetown Eailroad Company,'' with
authority to construct and lay down a double track rail-
way, with the necessary switches and turnouts, in the cities
of Georgetown and Washington, in the District of Colum-
bia, through and along the following avenues and streets:
Commencing on -Bridge street, at the intersection with High ^^^}^ ^® ^'
street, or at such point on said Bridge street east thereof,
in the city of Georgetown, as may be designated hereafter
by the corporate authorities thereof, along said Bridge
street to its intersection with the street running to the
tubular bridge over Eock creek to Pennsylvania avenue, in
the city of Washington; along said avenue to Fifteenth
street west^ along said street south to said avenue; along
said avenue to the foot of the Capitol grounds; thence
around the southern boundary of the Capitol grounds; and
along their southern boundary easterly to Pennsylvania
avenue; along said Pennsylvania avenue to Eighth street
east, or Garrison street; and along said street south to the
Navy Yard gate, with a lateral road running along the east-
em front of the Capitol from the southern to the northern
gate, and thence by "A'' street to the depot of the Balti-
more and Ohio railroad ; and thence from said depot through
First street west to Pennsylvania avenue, so as to inter-
sect with said main road; also a double or single track
branch railway, commencing at Boundary street north and
running down Seventh street west to Pennsylvania ave-
nue and to the Potomac j also, a railway commencing at
Boundary street and running down Fourteenth street west
and Kew York avenue to Pennsylvania avenue to a point
of intersection with said first-mentioned railway, with
the right to run public carriages thereon drawn by horse- Horse power.t

* Merged into the Capital Traction Company, under authority of
Act of Congress, approved March 1, 1895.

t Motive power changed to cable, under authority of act of Con-
gress approved March 2, 1889.

48 LAWS RELATING TO STREET-RAILWAY FRANCHISES.

power, receiving therefor a rate of fare not exceeding five
cents a passenger for any distance between the termini of
either of the said main railway, or between the termini of
either of said branch railways, or between either tenninus
of said main railway and the terminus of either of said
Use of road branch railways : Provided^ That the use and maintenance

SiSpai* regu™a". of Said road shall be subject to the municipal regulations

tioBs. of the cities of Washington and Georgetown, respectively,

within their several corporate limits; and that whenever
the Capitol grounds shall be enlarged, then the said routes
shall be made to conform thereto.
Taxation. qec. 2. And !)€ it further enacted. That said roads shall

be deemed real estate, and they, together with other real
property and the personal property of said body corporate,
shall be liable to taxation as other real estate and personal
property in the cities aforesaid, except as hereinafter pro-
vided.
Railway— how Sec. 3. And he it further enacted. That the said railway

to bo laid. shall be laid in the centre of the avenues and streets, as

near as may be, without interfering with or passing over
the water or gas pipes, in the most approved manner
adapted for street railways, with rails of the most approved
patterns, to be determined by the Secretary of the Interior,
laid upon an even surface with the pavement of the streets;
and the space between the two tracks shall not be less than
four feet nor more than six feet, and the carriages shall not
be less than six feet in width, the gauge to correspond witb
that of the Baltimore and Ohio Eailroad.
Track8j,o^ be Qec. 4. And 1)6 it further enacted. That the said corpora-

the company! ^ tiou, hereby Created, shall be bound to keep said tracks,
and for the space of two feet beyond the outer rail thereof,
and also the space between the tracks, at all times well

^ paved and in good order, without expense to the United

States or to the cities of Georgetown and Washington.

teST^whTen*?!-' ^EC. 5. And be it further enacted, That nothing in this

quired. act shall prcvcnt the Government, at any time, at their

option, from altering the grade or otherwise improving
Pennsylvania avenue, and such other avenues and streets
as may be occupied by said roads, or the cities of Wash-
ington and Georgetown from so altering or improving such
streets and avenues as may be under their res])ecti ve author-
ity and control, and in such event it shall be the duty of said
company to change their said railroad so as to conform to
such altered grade and pavements.
Act may be ai- Sec, 6. And he it further enacted, That this act may at

e?c. ' ^^ ^ ' any time be altered, amended, or repealed by the Congress
of the United States.

ji^H ete ^^^Ss ^^^' '^* ^^^ ^^ ^* further enacted. That nothing in this
currency. ' act shall bc SO construcd as to authorize said body corporate
to issue any note, token, device, scrip, or other evidence of
debt to be used as a currency.
Capital stock. §^0. 8. And he it further enacted, That the capital stock
of said company shall be not less than three nor more than
five hundred thousand dollars, and that the stock shall be
divided into shares of fifty dollars each, and shall be deemed

LAWS RELATING TO STREET-RAILWAY FRANCHISES. 49

personal property, transferiable in such manner as the by-
laws of said company may direct.

Sec. 9. And he itfurtlier enacted^ That the said company cars.
shall place first-class cars on said railways, with all the
modern improvements for the convenience and comfort of
passengers, and shall run cars thereon daring the day as
often as every five minutes, except as to Seventh and Four- ^^®d"i«-
teenth streets^ and on tliese once in fifteen minutes each
way, and until twelve o'clock at night as often as every
hahf hour; and throughout day and night as much ofl}ener
as public convenience may require.

Sec. 10. And he it further enacted^ That said company^ i*^8 8©ngor
shall procure such passenger rooms, ticket offices, stables, ete"™*' * **'
and depots at sueJi points as the business of the railroad
and the convenience of the public may require. And the twLn^tabiesand
said company is hereby authorized to lay such rails through depots.
transverse or other streets as may be necessary for the
exclusive purj^ose of connecting the said stables and depots
with the main tracks. And the said company is hereby pou^ete/*'^ ^^
authorized to purchase or lea^e such lands or buildings as
may be necessary for the passenger rooms, ticket offices,
stables, and depots above mentioned.

Sec. 11. And he it further enacted, That all articles of Articles left id
value that may be inadvertently left in any of the cars or
other vehicles of the said company shall be taken to tbeir
principal depot and entered in a book of record of un-
claimed goods, which book shall be open to the inspection
of the public at all reasonable hours of business.

Sec. 12. And he it further enacted, That said corporation Q^*ramrat^ '^^
shall, on demand of the President of the United States, **^®"''"^° *
Secretary of War, or Secretary of the Navy, cause to be
transported over saiil railway any freight cars laden with
freight for the use of the United States; the officers caus-
ing such service to be done shall pay a reasonable compen-
sation therefor.

Sec. 13. And he it further enacted, That within five days^^f^^/*^ «"^-
after the passage of this aet the corporators named in the
first section, or majority of them, or if any refuse or neglect
to act, then a majority of the remainder, shall cause books
of subscription to the capital stock of said company to be
opened and kept open, in some convenient and accessible
place in the city of Washington, from nine o'clock in the
forenoon till five o'clock in the afternoonp for a period to be
fixed by said corporators, not less than rwo days; and said
corporators shall give public notice, by advertisement in Advertiuement.
the daily papers published in the city of Washington, of
the time when and the place where said books shall be
opened, and subscribers upon said books to the capital
stock of the company shall be held to be stockholders:
Pravidedy That every subscriber shall pay at the time of ti^eVf^Xcrfi^
subscribing twenty-five per centum of the amount by him ing.
subscribed to the treasurer appointed by the corporators,
or his s ibscription shall be null and void. If at the end
of two days a larger amount than the capital stock of said
oompany shall have been subscribed, the books shall be
closed, and the said corporators named in t\ie ^t^\) ^^a:\a«v^

ei7s — ^

50 LAWS RELATING TO STREET-RAILWAY FRANCHISES.

i^pp^^t^oniiunt siiall forthwith proceed to apportion said capital stock
among the subscribers pro rata, and make public procla-
mation of the number of shares allotted to each, which
shall be done and completed on the same day that the books
areclosed: Provided J'urther^ That nothing shall be received
in payment of the twenty-flve per centum at the time of
subscribing except money or checks or certificates of deposit
endorsed " good" by the president or cashier of some good
solvent bank or banks. And when the books of subscrip-
tion to the capital stock of said company shall be closed,
First Meeting tlic corporators named in the first section, or a majority of
of stock o ere. ^Yi^^^ ^^^^ jj^ ^r^^^ g^,^y ^^ them Tcfusc or neglect to act, then

a majority of the remainder shall, within twenty days there-
after, call the first meeting of the stockholders of said com-
pany, to meet within ten days thereafter, for the choice of
directors, of which public notice shall be given for five days
in two public newspapers, published daily in the city of
Washington, or by written personal notice to each stock-
holder by the clerk of the corporation; and in all meetings
of the stockholders each share shall entitle the holder to
one vote, to be given in person or by proxy.

Directors. Sec. 14. And 1)6 it further enacted^ That the government

and direction of the affairs of the company shall be vested
in the board of directors, seven in number, who shall be
stockholders, and who shall hold their office for one year
and till others are duly elected and qualified to take their

Officers. places as directors; and the said directors (a majority of

whom, the president being one, shall be a quorum) shall
elect one of their number to be president of the board, who
shall also be president of the company; and they shall also
choose a treasurer, who shall give bonds with surety to
said company, in such sum as the said directors may
require, for the faithful discharge of his trust. In case of
a vacancy in the board of directors by the death, resigna
tioii, or otherwise, of any director, the vacancy occasioned
thereby shall be filled by the remaining directors.

Bylaws, rules, 8ec. 15. And 1)6 it further enacted^ That the directors
^^' shall have full power to make and prescribe such by-laws,

rules, and regulations as they shall deem needful and
proper touching the disposition and management of the
stock, property, estate, and efiects of the company, not
contrary to the Charter, or to the laws of the United States,
and the ordinances of the cities of Washington and George-
town.

Annnai meet- Seo. 16. And 1)6 it further enacted^ That there shall be
^"^' an annual meeting of the stockholders for choice of direct-

ors, to be holden at such time and place, under such con-
ditions, and upon such notice, as the said company in their

Report. by-laws may prescribe; and said directors shall annually

make a report in writing of their doings to the stockholders
and to Congress.

reJs^not^ **ob- ^^^* ■^^- ^^^ ^^ it further enacted, That the Mayor, Com-
8tract"road,°et2. " mou Couucil, and the several officers of the Corporation

of the cities of Georgetown and Washington, and the said
Corporations are hereby prohibited from doing any act or
thing to hinder, delay, or obstruct the constmction or
opersitiou of said railroad, a» iieiteiui ^.\v\i\iOTvij^«

LAWS RELATING TO STREET-RAILWAY FRANCHISES. 51

Sec. 18. And be it further enacted^ That the said company ^^^^ "*® **'
shall have at all times the free and uninterrupted use of '^ ^*^'
their road-way, and if any person or persons shall wilfully
and unnecessarily obstruct or impede the passage on or
over said railway, or any part thereof, or shall injure or
destroy the cars, depot stations, or any property belonging
to said railway company, the person or persons so offend-
ing shall forfeit and pay for every such offence the sum of
five dollars to said company, and shall remain liable, in
addition to said penalty, for any loss or damage occasioned
by his, her, or their act, as aforesaid, but no suit shall be
brought unless commenced within sixty days after such
offence shall have been committed.

Sec. 19. And be it further enacted^ That unless said cor- Time for com-
poration shall make and complete their said railways ^^®*^***^'
between the Capitol and Georgetown within sixty working
days from and after the company shall have been organ-
ized, and from the Capitol to the Kavy Yard within sixty
days thereafter, and on said Seventh street, and from said
Boundary street, on Fourteenth street, to the point of inter-
section as aforesaid, within six months from the approval
of this act, then this act shall be null and void and no rights
whatsoever shall be acquired under it.

Sec. 20. And be it further enacted, That all acts and parts Repeal of in.
of acts heretofore passed, which are inconsistent with any *'®'»^^**®'^' ^■•
of the provisions of this act, are, for the purposes of this act,
hereby repealed, so far as the same are inconsistent here-
with.

Approved, May 17, 1862.

AN ACT to amend the charter of the Washington and Georgetown June 30, 1864.

Railroad Company.

U.S. stats., vol.
13, p. 322.

Be it enacted by the Senate and Mouse of Representatives of
ike United States of America in Congress assembled, That w.aiidG.R.R.
tte Washington and Georgetown Eailroad Company shall ^®'
have the right to extend their horse railway on any public ^/^^'^^ijf ^Jl
highway in the county of Washington, commencing at theuth sti. extend-
present terminus of either of their roads, extending north «^*
from 7th and 14th streets, and from the Capitol square to
Maryland avenue; and extending north from the eastern
extremity of that avenue, first having obtained the consent
of the Levy court therefor ; and may charge additional fare Additional
of Ave cents for every three miles on each branch so ex- *^®*
tended, for each and every passenger conveyed upon any
road constructed in said county of Washington, outside of
the limits of the cities of Washington and Georgetown:
Pravidedj That nothing herein contained shall be construed
80 as to prevent Congress from regulating the fare on either
of said roads, or altering or amending the original charter
of said company, or this amendment thereto, according to
the provisions of said original charter.

Approved, June 30, 1804.

62 LAWS RELATING TO STREET-RAILWAY FRANCHISES.

Jaly 8, 1870. AN ACT to provide for the paying of PennsylvaDla ayenae.

U.S. Stats., vol. # * # * #

16, p. 196. g^^ ^ ^^^ ^^ it further enacted. That the cost of laying

down said pavement shall be borne and paid for in the fol-
w.andG.R.R. lowing propoitions: By the Washington and Georgetown
^oino^lov'^v- Eailroad Company for that portion of the work lying be-
mgPennByivania tween the tiacks of their road, and for a distance of two
avenue. ^^^^ ^^ ^^j^ ^^.^^ thereof; * * ♦ The said railroad com-

pany shall have the right to select the material with which
the pavement between the rails and between the tracks
shall be made: Provided^ That the said pavement on said
tracks shall be made to the satisfaction of the commis-
sioners.

« * * • «

Approved, July 8, 1870.

April 20, 1871. Deficiency bill, 1871.

U. S. stats. 17, # # # * *

P*^^' That the sum of $10,000, or so much thereof as may be

necessary, is liereby appropriated, for the purpose of re-
pairing and relaying, where necessary, the pavement on
Pennsylvania avenue from 15th street to the east side of
Eock creek : Provided^ That a like sum shall be expended
for the same purpose by the proper authorities of the Dis-
w.ajidG.R.R.trict of Columbia: And provided further, That the Wasli-
^rtfonrpavi" iugton and Georgetown Railroad Company shall in like
ment of Peniisyi- manner repair such i)ortion thereof as they are by their
vama avenue. ^|ja,j,ter required to do; the work to be done under the su-
pervision of the board of public works for the District of
Columbia.

# * * * «

Approved, April 20, 1871.

May 8, 1872. Legislative; executive; and jadicial appropriation act; 1873.

U. S. Stats. 17, # # # # #

^' ^' Sec. 12. That the Washington and Georgetown Balhroad

w.andG.R.R. Company and the Metropolitan Eailroad Company be, and

SacS fr^iTcap^ they are hereby required to remove their tracks, respec-

itoi Grounds, tivcly, from the Capitol grounds, as hereby established,

and to run the same as they may be directed, from time to
time, by the officer in charge of the public buildings and
grounds, as the grading and filling up of said grounds may
render necessary. That a commission, consisting of the
Secretary of the Interior, the chief engineer of the army,
and the officer in charge of public buildings and grounds,
is hereby authorized and directed to examine and report to
Congress, prior to the second Monday of December next, a
plan by which the locomotive railroad track in front of
western entrance of the Capitol shall be removed, with due
regard to the rights of all parties concerned, and by whiob

proper connections with other railroads may be made.

* * « « •

Approved, May 8, 1872.

LAWS RELATING TO STREET- RAILWAY FRANCHISES. 63

Legislative, executive, and judicial appropriation act, 1876. March 3, 1875.

* * * and further, tliat the Washington and George- p.Yss!* ®****" ^®'
town and the Metropolitan Eailway Gompanies are directed w.aiidG.R.R.

. . , i_ _z» ^x-i_ • x_ 1 • xr- Co. mnst move

to take up such portions of their tracks as may come m the tracks from cap-
way of the improvement of the Gapitol Grounds and relay **®^ Grounds.
the same as may be directed by the oflficers in charge of
the improvements of the Gapitol Grounds.

« « * * *

Approved, March 3, 1875.

Legislative, executive, and judicial appropriation act, 1876. March 3, 1875.

♦ ♦ ♦ And provided further^ That the chief engineer ^^it ^^^' ^*'
[of the Washington Aqueduct] is hereby directed to notify V.andG.R.K.
the Washington and Georgetown Railway Company tot?k™kl Trom
remove their railway track from the Washington Aque- ^rR^tcreel^
duct bridge over Eock Creek, within one year from the ^ '^ *
date of said notice; and said company shall make such
removal within the year aforesaid, and have the right to Kieht to uv
lay their tracks along 20th street from Pennsylvania avenue *^^^ on 26th st.
to M street north, and thence along M street into George-
town, to connect with their tracks on Bridge street; and
said chief engineer may establish and publish regulations
prohibiting the passage of heavily loaded wagons and car-
riages over said bridge. ♦ * ♦

Approved, March 3, 1876.

AN ACT to amend an act entitled ''An act to incorporate the V^ash- March 3,1875.

ington and Georgetown Railroad Company," approved May 17, ^ ^ r

1 fiTO ' U • o> iStats., vol.

^°*^' 18, p. 510.

Be it enacted by the Senate and House of Representatives
of the United States of America in Congress assembled, That vv. and g. r.
the Washington and Georgetown Eailroad Company may ^^^: ^^^ ^
extend its tracks in Washington City, District of Colum- track. "* ^^ **
bia, from 7th street west, down Water street, to the inter-
section of P street south; thence along said P street to
the west side of the Arsenal gate: Provided, That wherever
the foregoing route may coincide with the route of the Ana- poinciding
costia and Potomac liiver Railroad, on Water street or An^o^stia^aifd
elsewhere in the District, or connect portions of such route, ^**Jp*^ Ri v er
bat one set of tracks shall be used by both companies;
which are hereby authorized and empowered to use such
tracks in common, upon such fair and equitable terms as
may be agreed upon by said companies; and in the event Terms of joint
the said coini)anies fail to agree upon satisfactory terms,
either of said companies may apply by petition to the
supreme court of the District of Columbia, which shall pro-
vide for proper notice to and hearing of all parties inter-
ested, and shall have power to determine the terms and
conations upon which, and the regulations under which,
the csompany hereby incorporated shall be entitled so to use
and eqjoyihe tracks of such other street railroad eom^i^wj.

nee.

54 LAWS RELATING TO l&TllEET-llAlLWAY J*RAKCHt8Efl.

and the amount and manner of compensation to be paid
How track in thercfoi : And provided further^ That neither of the com-
SbS™***^ *° ^® panics using such track in common shall be i)ermitted to
make the track so used in common the depot or general
stopping place to await passengers, but shall only be enti-
tled to use the same for the ordinary passage of their cars,
with the ordinary halts for the taking up and dropping of
passengers: And provided further^ That said railroad track
Gradeof track. Shall couform to the grade established by the board of public
works of the District of Columbia.

Approved, March 3, 1875.

July 19,1876. AN ACT authorizing the repaveraent of Pennsylvania avenue.

U. S.Stat8. 19, # » # » *

^ w. and G. R. ^^® Washington and Georgetown Eailroad Company
R. Co. ahaiipave shall bear all of the expense for the portion of the work
^dtSSkS onto lying between the exterior rails of the tracks of the road,
«>ad. and for a distance of two feet from and exterior to the track

on each side thereof, and of keeping the same in repair;

but the said railroad company, having conformed to the

May use cob- grade established by the Commissioners, may use cobble-

San*rwk?^ ^®^' stouc or Belgian rock in paving their tracks, or the space

between their tracks, as the Commissioners shall direct.
* * • * •

Approved, July 19, 1876.

Angnst 6 1890 District appropriation bill, 1891.

U. S. State. 26, ^ -. * * *

p.810. # # # # #

w. and G. R. S^^* ^« That any street railroad company in the District

R. Co. of Columbia authorized to run cars drawn by horses, which

tive *power may has chaugcd or may change its motive power on any of its

itoc^* *^*^* ®^ lines now constructed, to cable or electricity, or change its

rails in accordance with the provisions of law, shall have

the right to issue and sell, at the market price thereof, stock

of said company to an amount necessary to cover the cost

of making said changes, the cost of said changes and the

amount of said st^ock sold, together with the price i)er share,

to be fully set forth, under the oath of the Presiilent of said

Company, and filed with the Commissioners of the District.

And any company availing itself of the privileges herein

Must dispeiiBe granted shall within two years, wholly dispense with horses

two years'*^* *" as motivc powcr ou all portions of its line and substitute

therefor the power provided for in the act making appropria-
tions for the expenses of the District of Columbia, approv^
Motive power ^^^^^ sccoud, eighteen hundred and eighty -nine, or pnea-
* maticorother modern motive power which shall be approved
by the Commissioners of the District of Columbia, but noth-
ing in this act contained shall in any wise authorize the use
Certainiinesre- of Overhead appliances : Provided, That if any such company
Qiiired to change Operating a liuc or lines of street railroad from Georgetown

power.

f

LAWS RELATING TO STREET-RAILWAY FRANCHISES. 56

or West Washington to and beyond the Capitol grounds
shall fail to substitute for horse power the power herein pro-
vided for on all its lines within two years from the date of
this act, such company shall forfeit its corporate franchise.

Approved, August 6, 1890.

Deficiency bill. 18^1. March 3, 1891.

« « * * « IT. S. stats. 26,

p. 869.

To the Washington and Georgetown Eailroad Company, w. and g. r. r.
three hundred and thirty- three dollars and fifteen cents ^j^^P^y^^^^'
costs; and the Washington and Georgetown Eailroad
Company, of the District of Columbia, shall pay to the
District of Columbia, within eighteen months from the
approval of this act, the full amount of the judgment that
was rendered against the said company by the supreme
court of the District of Columbia at the suit of the said
District, in cause number twenty-two thousand four hun-
dred and fifty-seven, at law, on the dockets of said court,
with the cost of said cause and interest on said amount
from the date said judgment was rendered until paid, and
that upon the failure of the said company so to pay said
amount, costs, and interest within the time aforesaid, the
charter of the said company shall become forfeit, and all
its rights, privileges, and franchises as a body corporate
shall cease and determine: * * *

Approved, March 3, 1891.

District appropriation bill^ 1893. July U, 1892.

# * • * * IT. S. Stats. 27,

p. 158.

Cabe op Bbipges : For ordinary care of bridges, includ-
ing keepers, oil, lamps, and matches, five thousand dollars;
for construction and repairs of bridges, fourteen thousand
dollars ; in all, nineteen thousand dollars. That the Wash- ^^^'t^^ki m
ington and Georgetown Eailroad Company is hereby street brlS^e.
required to repair the bridge across Eock Creek at M street
northwest at a cost not exceeding ten thousand dollars,
said repairs to be made under the direction of the Engi-
neer Commissioner of the District of Columbia and in
accordance with plans and specifications to be prepared by
him, ♦ * *

Approved, July 14, 1892.

AN ACT to amend an act entitled ''An act to incorporate the AVash- Anga8t23, 1894.
ington and Great Falls Electric Railway. u S.Stats 28 V^

• # * * *

Sbo. 3. That in order to accommodate the street railway w. &g. r. r.
traffic that may converge at or near the Aqueduct bridge, uuio"n traus^
under authority granted or to be granted by Congress, a^^ Iqi^act
passenger station is hereby authorized. Such station shall bridge.
have ample provision for the safe, convenient, and eomfo\:\;^-

56 LAWS RELATINO TO STREET-RAILWAY FRANCHISES.

ble transfer of passengers to and from the cars of the street
railways using the same. All plans for such station anil
its necedsary approaches shall be subject to the written
approval of the Commissioners of the District of Columbia.
Commissioners The Said Commissioucrs shall have the power to settle any

Sse*of/*^^ * ^ differences which may arise between the companies using

the said station as to compensation or rentals or as to the
necessary regulations for the control of said station. The
said passenger station shall be constructed and maintained
as a union passenger station, for the use ot street railways
only^ by th^ Washington and Georgetown Badlway Corn-
Land for sto- pany. Said station shall be located on land s^ready owned

tion. or hereafter to be acquired by the aforesaid company, which

land shall be bounded on the north by Prospect street, on
the east by a line drawn not less than one hundred and
twenty feet west on the west line of Thirty- fifth street, on
the south by M street, and on the west by Thirty-sixth
Time for com- Street uorthwcst. Within one year from the approval of

pietion. ^^|g ^^t iij^Q gaid Washington and Georgetown Bailway

Company shall complete the said station and shall extend
its tracks on M street northwest to a point not less than
one hundred and twenty feet west of Thirty-fifth street,
and thence into said station; and thereafter the said com-
pany shall cease entirely to s witch cars on M street northwest*
* * * • •

Approved, August 23, 1894.

«

Jane 23, 1888. AN ACT to incorporate the Rock Creek Railway Company of the Dis-
Stats 25 p 199 *^^^^ ^^ Columbia. (Now the Capital Traction Co.)*

Be it enacted by the Senate and House of Representatives
:^k Creek of the United States of America in Gongress assembled^ That
ny inwrpora^ Gardiner G. Hubbard, George Truesdell, Samuel W. Wood-
(amended). ward, Otis F. Presbrey, John F. Waggaman, Benjamin K.
Plain, John Eidout, Albert F. Stevens, Le Eoy Tuttle, Law-
rence Sands, Edward 0, Dean, James B. Wimer, Samuel S.
Shedd, Le Koy Tuttle, junior, Eobert J. Fisher, junior, and
Pitman Mann, and their associates, successors, and assigns,
be, an d they are hereby, created a body corporate and politio
under the name of the Rock Creek Eailway Company of
the District of Columbia, and may make and use a com-
mon seal, and by that name sue and be sued, plead and be
impleaded, with authority to construct and lay down a sin-
gle or double track railway, with the necessary switches,
turn-outs, and other mechanical devices, and sewer connec-
tions necessary to operate the same, by horse, cable, or elec-
tric power, in the District of Columbia, through and along
Route (amend- the foUowing strccts, avcnucs, and roads^ Beginning for
^' the main line of said road at the intersection of Connecti-

cut avenue and Boundary street; thence along the middle
of Columbia Eoad to Woodley Eoad; thence along Wood-
ley Eoad by single track on west side thereof to Woodley

* Merged into the Capital Traction Company, under authority of act of Congreas
approved, March 1, 1896."

LAWS KELATING TO STREET-RAILWAY FRANCHISES. 57

Park; thence divergiDg from Woodley Boad through said
park by such route as maybe satisfactory to the owners of
said park, and subject to the approval of the Commission-
ers of the District of Columbia, to the westerly line of said
park, and returning by the aforesaid route through Wood-
ley Park to the intersection of Woodley Koad and Connec-
ticut avenue extended; thence along Connecticut avenue
extended to California avenue, formerly Oakland avenue;
thence along California avenue to its intersection with Co-
lumbia Boad, and thence along Columbia Boad to the place
of beginning; also with the privilege of building and con-
structing a branch of said road fk'om the westerly line of said
Woodley Park near Woodley Boad to its intersection with
the Teuallytown Boad, returning over the same route and
connecting at said westerly line of Woodley Park with the
main line of said road. Said company shall receive a rate
of fare not exceeding five cents for each passenger for each Faro.
continuous ride between all points of its main and branch
Unes, but shall sell tickets in packages of six each for not
exceeding twenty-five cents per package. Said railway
shall be constructed of good materials and in a substantial Construction.
manner, with the rails of American manufacture and of
the most approved patterns, subject to approval by the
Commissioners, laid upon an even surface with the pave-
ment of the street or road, imbedded in concrete where the
same passes over the surface of the paved streets of the
Distxict of Columbia, with the gauge to be approved by
the Commissioners of the District of Columbia. The track Paving.
of said railway, the space between the tracks, and two feet
beyond the outer rails thereof, which this franchise is
intended to cover, shall be at all times kept by said cor-
poration in good repair, at its own expense, and subject
to the approval of the Commissioners aforesaid; and if
the corporation shall fail to make the necessary repairs
within ten days after notice by the Commissioners of the
District of Columbia, the repairs shall be made by the
said Commissioners, and the cost of such repairs be recov-
ered by the Commissioners before any court of comx)etent
jurisdiction, and the amount so paid by the Commissioners
shall be a lien upon all property of said company from the Bepain.
time Qiat said rex>airs are made until paid by said company.
It BhflJl be lawfcd for said corporation, its successors or as-
signs, to operate its said road by horse, cable, or electric Motive power.
power, and to make all needful and convenient trenches and
excavations and sewer connections in any of said streets,
roads, or places where said corporation may have the right
to construct and operate its road, and to place in such
trenches and excavations all tbe needful and convenient
devices and machinery for operating said railroad in the
manner and by the means aforesaid; and said sewer con-
nections shall have such traps or other devices as may be
required by the Commissioners. It shall also be lawful
fiv said corporation, its successors or assigns, to erect and
maintain, at such convenient and suitable points along its
lines as may seem most desirable to the board of direct-
oro of said corporation, and subject to the approval of the

58 LAWS RELATING TO STREET-RAILWAY FRANCHISES.

Engine houses, Oommissiouers of the District, au engine house or houses,
boiler house or houses, and all other buildings necessary for
the successful operation of a cable or electric motor rail-

spee<i. road. The rate of speed on said road shall not exceed fif-

teen miles an hour. The work upon the main line of said
«nd?^^piSn°* road shall be commenced within ninety days and the same

shall be completed within one year from the date of the
passage of this act, and the work upon the branch line
thereof shall be commenced within one year and completed
within two years from the said date; and if the said work
on the main line of said road shall not be so commenced and
completed, then the privileges and powers herein granted
to said corporation shall be void. The corporators herein
named or the corporation hereby created shall not sell or
assign any of the rights hereby conferred relating to the
line of said road until after the main road hereby authorized
shall have been constructed as herein provided.

Capital stocic. Sec. 2. That the capital stock of said company shall not
exceed, if horse-power is to be used for main line, thirty-two
thousand dollars, which may be increased when work is
commenced on the branch eleven thousand dollars. If
electric motor power is to be used, the capital stock for the
main line shall not exceed sixty thousand two hundred and
fifty dollars, which may be increased when work is com-
menced on the branch twenty thousand dollars. If cable
power is to be used, thecapitol stock for the main line shall
not exceed one hundred and twenty-two thousand dollars,
which may be increased when work is commenced on the
branch forty thousand dollars, in shares of fifty dollars
each. Said company shall require the subscribers to the
capitol stock to pay in cash, to the treasurer appointed by

Subscriptions, the corporatois, the amounts severally subscribed by them,
as follows, namely : Ten per centum at the time of subscrib-
ing and twenty per centum each thirty days thereafter until
fifty per centum thereof shall have been paid, the balance
of such subscription to be paid at such times and in such
amounts as the board of directors may require; and no sub-
scription shall be deemed valid unless ten per centum thereof
shall be paid at the time of subscribing, as hereinbefore pro-
vided ; and if any stockholder shall refuse or neglect to pay
any installments as aforesaid, or as required by a resolution
of the board of directors after ten days notice, in writing, of
the same, the said board of directors may sell at public auc-
tion, to the highest bidder, so many shares of his stock as
shall pay said installments (and the i)erson who offers to pur-
chase the least number of shares for the assessment due),
shall be taken as the highest bidder, and the sale shall be
conducted according to such general regulations as may
be adopted in the by-laws of said company; but no stock
shall be sold for less than the total assessments due and
payable; or said body may sue and collect the same from
any delinquent subscriber in any court of competent juris-

Equipment, dictiou. The Said comi>any shall place first-class cars on
said railways, with all modern improvements necessary
to the convenience and comfort of passengers, and shaU

Cars, «to. ruu cars thereon as often as the public convenience may

LAW8 KfiLATlNG TO STREET-RAILWAY FRANCHISES. 59

•

tequire, in accordance ^with a schedale or time-table to be
adopted by said board of directors, a copy of 'whicli shall
be filed with the Gommissioners of the District of Colum-
bia, and to be approved by them, and shall not take on
any of its cars more passengers than can be accommo-
dated, and shall cause its cars to be heated during the
winter season, subject to regulations to be prescribed by
the Commissioners of the District of Columbia. The said Passenger

V -n ■■ 1 . j_ rooms, etc.

company shall buy, lease, or construct passenger-rooms,
ticket-offices, workshops, depots, lands, and buildings as
tbey may deem necessary, at such points along its lino
as may be approved by the Commissioners of the Dis-
trict, and as the business of the railway and the conven-
ience of the public may require. Within thirty days after Books of sub-
the passage of this act, the corporators named in the first »c"P^'<*n-
section, and their associates, successors or assigns, or a
majority of them, or if any refuse or neglect to act then a
majority of the remainder, shall cause books of subscrip-
tion to the capital stock of said company to be opened and
kept oi)en in some convenient and accessible place in the
District of Columbia, from nine o'clock in the forenoon till
four o'clock in the afternoon, for a period to be fixed by
said corporators, not less than ten days (unless the whole
stock shall be sooner subscribed) and said corporators shall
give public notice, by advertisement in the daily papers pub-
lished in the city.of Washington, of the time when and the
place where said books shall be opened; and subscribers
upon said books to the capital stock of the company shall be
held to be stockholders : Frovided^ That every subscriber
shall pay, at' the time of subscribing, ten i>ercentum of the Payment of
amount by him subscribed, to the treasurer appointed by the sa^'s^^'^ptions.
oorfwrators, or his subscription shall be null and void ; Fro-
Tided further J That nothing shall be received in payment of
the ten per centum at the time of subscribing except lawful
money. And when the boots of subscription to the capital
stock of said company shall be closed, tlie cor])orators named
in the first section, their associates, successors, or assigns, or
a majority of them, and in case any of them refuse or neglect
to act, then a majority of the remainder, shall, within ten
days thereafter, call the first meeting of the stockholders
of said company, to meet within ten days thereafter, for the
choiceof directors, of which public notice shall be given for
seven days in two newspapers publisheil daily in the city
of Washington, and by written personal notice to be mailed
to theadd^ss of each stockholder bv the clerk of the cor-
poration; and in all meetings of the stockholders each
share shall entitle the holder to one vote, to be given in
person or by proxy.

Sec. 3. That the government and direction of the officers Directors.
of the company shall be vested in the board of seven
directors, who shall be stockholders of i^ecord, and who
shall hold their office for one year, and until their succes-
sors are duly selected and qualified; and the said direct-
ors, a majority of whom shall be a quorum, shall select
one of their number to be president of the board, who
shall be the president of the company ; and they shall also

58 LAWS RELATING TO STREET-RAILWAY FRANCHISES.

Engine houses, Commissiouers of the District, au engine house or houses,
® ^* boiler house or houses, and all other buildings necessary for

the successful operation of a cable or electric motor rail-

spee<i. road. The rate of speed on said road shall not exceed fif-

teen miles an hour. The work upon the main line of said
«nci?^piS»u°*road shall be commenced within ninety days and the same

shall be completed within one year from the date of the
passage of this act, and the work upon the branch line
thereof shall be commenced within one year and completed
within two years from the said date; and if the said work
on the main line of said road shall not be so commenced and
completed, then the privileges and powers herein granted
to said corporation shall be void. The corporators herein
named or the corporation hereby created shall not sell or
assign any of the rights hereby conferred relating to the
line of said road until after the main road hereby authorized
shall have been constructed as herein provided.

Capital stock. Sec. 2. That the capital stock of said company shall not
exceed, if horse-power is to be used for main line, thirty-two
thousand dollars, which may be increased when work is
commenced on the branch eleven thousand dollars. If
electric motor power is to be used, the capital stock for the
main line shall not exceed sixty thousand two hundred and
fifty dollars, which may be increased when work is com-
menced on the branch twenty thousand dollars. If cable
power is to be used, thecapitol stock for the main line shall
not exceed one hundred and twenty-two thousand dollars,
which may be increased when work is commenced on the
branch forty thousand dollars, in shares of fifty dollars
each. Said company shall require the subscribers to the
capitol stock to pay in cash, to the treasurer appointed by

Subscriptions, the corporatoi s, the amounts severally subscribed by them,
as follows, namely : Ten per centum at the time of subscrib-
ing and twenty per centum each thirty days thereafter until
fifty per centum thereof shall have been paid, the balance
of such subscription to be paid at such times and in such
amounts as the board of directors may requu'e; and no sub-
scription shall be deemed valid unless ten per centum thereof
shall be paid at the time of subscribing, as hereinbefore pro-
vided ; and if any stockholder shall refuse or neglect to pay
any installments as aforesaid, or as required by a resolution
of the board of directors after ten days notice, in writing, of
the same, the said board of directors may sell at public auc-
tion, to the highest bidder, so many shares of his stock as
shall pay said installments (and the person who offers to pur-
chase the least number of shares for the assessment due),
shall be taken as the highest bidder, and the sale shall be
conducted according to such general regulations as may
be adopted in the by-laws of said company; but no stock
shall be sold for less than the total assessments due and
payable; or said body may sue and collect the same from
any delinquent subscriber in any court of competent juris-

Equipment, dictiou. The Said company shall place first-class cars on
said railways, with all modern improvements necessary
to the convenience and comfort of passengers, and shall

Care, etc. ruu cars thereon as often as the public convenience may

LAWS RELATING TO STREET-RAILWAY FRANCHISES. 59

•

require, in accordance "with a schedule or time-table to be
adopted by said board of directors, a copy of which shall
be filed with the Commissioners of the District of Colum-
bia, and to be approved by them, and shall not take on
any of its cars more passengers than can be accommo-
dated, and shall cause its cars to be heated during the
winter season, subject to regulations to be prescribed by
the Commissioners of the District of Columbia. The said Passenger
company shall buy, lease, or construct passenger-rooms/*****^'®*^*
ticket-offices, workshops, depots, lands, and buildings as
they may deem necessary, at such points along its line
as may be approved by the Commissioners of the Dis-
trict, and as the business of the railway and the conven-
ience of the public may require. Within thirty days after Books of sub-
the passage of this act, the corporators named in the first s^riptio"-
section, and their associates, successors or assigns, or a
majority of them, or if any refuse or neglect to act then a
majority of the remainder, shall cause books of subscrip-
tion to the capital stock of said company to be opened and
kept ox)en in some convenient and accessible place in the
District of Columbia, from nine o'clock in the forenoon till
four o^clock iu the afternoon, for a period to be fixed by
said corporators, not less than ten days (unless the whole
stock shall be sooner subscribed) and said corporators shall
give public notice, by advertisement in the daily papers pub-
lished in the city.of Washington, of the time when and the
place where said books shall be opened; and subscribers
upon said books to the capital stock of the company shall be
held to be stockholders : Frovided^ Tliat every subscriber
shall pay, at' the time of subscribing, ten i)ercentum of the Payment of
amount by him subscribed, to the treasurer appointed by the subscriptions.
coiporators, or his subscription shall be null and void ; Fro-
vided further J That nothing shall bo received in payment of
the ten per centum at the tinie of subscribing except lawful
money. And when the books of subscription to the capital
stock of said company shall be closed, the cor])orators named
in the first section, their associates, successors, or assigns, or
a majority of them, and in case any of them refuse or neglect
to act, then a majority of the remainder, shall, within ten
days thereafter, call the first meeting of the stockholders
of said company, to meet within ten days thereafter, for the
choice of directors, of which public notice shall be given for
seven days in two newspapers published daily in the city
of Washington, and by written personal notice to be mailed
to the address of each stockholder by the clerk of the cor-
poration; and in all meetings of the stockholders each
share shall entitle the holder to one vote, to be given in
person or by proxy.

Sec, 3. That the government and direction of the officers DireotorB.
of the company shall be vested in the board of seven
directors, who shall be stockholders of record, and who
shall hold their office for one year, and until their succes-
sors are duly selected and qualified; and the said direct-
ors, a mtyority of whom shall be a quorum, shall select
one of their number to be president of the board, who
shall be the president of the company; and they shall iv>Uq

60 LAWS RELATING TO STREET-RAILWAY FRANCHISES.

clioose a vice-president, a secretary, and a treasurer, the
latter of whom shall give a bond, with surety, to said com-
pany in such sum as the said directors may require for the
faithful discharge of his trust. In case of a vacancy in the
board of direc^rs, by death, resignation, or otherwise, of
any director, it shall be filled by the remaining directors
by a majority vote of a quorum thereof. The directors shall
have power to make and prescribe such by-laws, rules, and
regulations as they shall deem needful and proper touch-
ing the disposition and management of the stock, property,
estate, and effects of the company, and require bond and
securityof anyof its officers other than those herein specifie<L
not contrary to the charter, or to the laws of the United
States and the laws and ordinances of the District of

Power to seuCJolumbia: Provided, That said board of directors shall
or lease. ^^^^ liavc the powcr to sell or lease the said road, or any

part thereof, or to purchase or lease any other street rail-
road, or any part thereof, without first obtaining the writ-
ten consent of two-thirds of said stockholders and of the

Proviso. Commissioners of the District of Columbia : Provided^ That
said company shall have no power to sell or lease the said
road or any part thereof until after the main line has been

Annual meet- Gonstructcd aud o])erated. There shall be an annual meet-
in*r- iiig of the stockholders for choice of directors, to be held

at such time and place, under such conditions and upon
such notice as the said company in their by-laws may pre-
scribe ; and said directors shall annually make a report in

Free use of writing of their doings to the stockholders. The said com-
^^^' pany shall have at all times the free and uninterrui>ted use

of its roadwfiy; and if any person or persons shall willfully
and mischievously and unnecessarily, obstruct or impede
the passage of the cars of said railway with a vehicle or
vehicles, or otherwise or in any manner molest or interfere
with passengers or operatives while in transit, or destroy
or injure the motive powers of said railway, or depots,
stations or other property belonging to said railway,
the person or persons so oflfending shall forfeit and jmy
for each offense not less than twenty-five nor more than
one hundred dollars, to be recovered as other fines and
penalties in said District, and shall in addition to said
penalty, be liable to said company, for any loss or damage

laeotion from occasioucd by his, her, or their acts as aforesaid. No per-
**"• son shall be prohibited the right to travel on the cars of said

road, or be ejected therefrom by the company's employees,
for any other cause than that of being drunk, disorderly,
or coutagiously diseased, for the use of obscene and profane
language, refusing to pay the legal fare, or a failure to
comply with the lawful regulations of the company. The
principal offices of said company shall be situated in the
District of Columbia, and all books and papers relating to
the business of said company shall be kept thereat and open
at all times to the inspection of the stockholders. The
meeting of stockholders and directors shall be held at said
office. The book in which transfers of stock shall be re-
corded shall be closed for the purpose of such transfer
thirty days before the annual election.

LAWS BELATJNQ TO STREET-RAILWAY FRANCHISES. 61

Sec. 4, The said Eock Creek Eailway Company shall, on Annual report
or before the fifteenth day of January of each year, make
a report to Congress of the names of all the stockholders
therein and the amount of stock held by each, together
with a detailed statement of the receipts and expenditnres,
from whatever source and on whatever account, for the
preceding year ending December the thirty-first, which
report shall be verified by the affidavit of the jwesident and
secretary of said company; and if the said report is not
made at the time specified or within ten days thereafter, it
shall be the duty of the Commissioners to cause proceed-
ings to be instituted to forfeit this charter; and said com- Taxes.
psmj shall pay to the District of Columbia, as taxes for each
year, four per centum of its gross earnings for the preced-
ing year as shown by said verified statement, which amount
shall be payable to the collector of taxes at the times and
in the manner that other taxes are now due and payable,
and subject to the same i)enalties on arrears; and the fran-
chise and property of said company, both real and x)ersonal,
to a sufficient amount, may be seized and sold in satisfac-
tion thereof, as now provided by law for the sale of other
proi)erty for taxes; and said y)er centum of its gross earn-
ings shall be in lieu of all other assessments of taxes of
whatsoever character upon its })ersonal property, but the
real estate of the company shall be taxed as other real
estate in the District, provided that the tracks of the com-
pany shall not be tax€^ as real estate.

Sec. 5. That all articles of value that maybe inadver- Articles left in
tently left in any of the cars or other vehicles of the said ^*'^^'
coinj>any shall be taken to its principal depot and entered
in a book of record of unclaimed goods, which shall be open
to the inspection of the public; but when such property
has been unclaimed for one year the company may sell the
same.

Sec. 6. Congress reserves the right to alter, amend, or Ameudment.
repeal this act at any time.

Eeceived by the President June 12, 1888.

[Note by the Department op State. — The foregoing
act having been presented to the President of the United
States for his approval, and not having been returned by
liim to the house of Congress in which it originated within
the time prescribed by the Constitution of the United States,
has become a law without his approval.]

AN ACT to change the route of the Rock Creek Railway Company, May 28, 1890.

and for other purposes. state. 26. p. 121.

Be it enOiCted by the Senate and Rouse of Representatives
of the United States of America in Congress assembled ^ That j^^®,®^ creek
the charter of the Rock Creek Railway Company be, and change of
the same is hereby, amended so as to authorize said com- K>«te.
pany to lay its tracks and to run its cars thereon, through
andalong the following* named streets, avenues^ and places;

62 LAWS RELATING TO STREET-RAILWAY FRANCHISES.

Route. Commencing at the intersection of Connecticut and Florida

avenues; thence easterly along Florida avenue formeriy
known as Boundary street, to Eighteenth street; thence
northerly along Eighteenth street to Columbia road; thence
westerly, crossing Columbia road and extending through
the Cliffbourne tract, to Kock Creek, on such line as shall
be approved by the Commissioners of the District of

Bridge. Columbia; thence crossing Eock Creek on a substantial,

elevated iron bridge to be erected by said company at its
own expense and approved by said Commissioners, which
shall be a thoroughfare open to the public, not less than
fifty feet wide, including sidewalks; thence northwesterly
through Woodley Park to a point near Woodley road in
Connecticut avenue extended, on such line as shall be
approved by the Commissioners of the District of Columbia;
thence northerly along Connecticut avenue extended to the
north line of the District of Columbia; also commencing at
the intersection of Eighteenth and IT streets northwest;
thence east, following U street to Fourteenth street west;

ProvUo, Provided^ That the said company, at its own exx)ense, shall
ete.^ w^eu pav^; keep its said tracks within the city limits and on Florida
«tc' ' avenue and Eighteenth street to Columbia road, and for

the space of two feet beyond the outer rails thereof and
also the space between the rails and tracks, at all times
well paved with asphalt, or such other pavement as the
Commissioners of the District of Columbia shall approve,

In case of fail- and kccp the same in good repair; and if said company
Comini?8ion^e?8 shall fail to pavc or repair the said streets in the manner
to pave, etc., at aforesaid the Commissioners of the District of Columbia
company b cost, ^j^^jj causc the samc to be paved or repaired as aforesaid,
and the cost of such paving shall be recovered by the
Commissioners against said company in any court of com-
petent jurisdiction, and the amount so paid for such pav-

Lien. ing or repairing by said Commissioners shall be a lien upon

all property of said company from the time that said pav-
ing or repairing is made until paid by said company.

Repeal of old Sec. 2. That SO much of the original charter of said
^™**' company, granted by act which became a law June twenty-

second, eighteen hundred and eighty-eight, as prescribed
a route or routes for the tracks and road of said company
be, and the same is hereby, repealed, and that the route
or routes prescribed by this act shall be the only route or

Proviso. routes for the tracks and road aforesaid: Promdedy That

No overhead said Company shall not operate any part of its road by
ci^ Hmite!"^ *° clcctric powcr with overhead wires within the city limits.

Capital stock. Sec. 3. That Said company is hereby authorized to issue
its capital stock to an amount not to exceed the actu^
cost, more than ten per centum of the right of way, con-
struction and equipment, motive power, and such land and
buildings as may be necessary to said road, in shares of
one hundred dollars each. Said company shall require
the subscribers to the capital stock to pay in cash to the
treasurer appointed by the corporators the amounts sev-

snbsoriptions. ^^j^ljy Subscribed by them, as follows, namely: Ten per

centum at the time of subscribing and five per centum
each tl)irty days thereafter, until fifty per centum thereof

LAWS fefiLATING to STRJEET-ftAILWAY FRANCHISES. 63

shall liave been paid, the balauoe of such subscription to
be paid at such times and such amounts as the board of
directors may require; and no subscription shall be deemed
valid unless the ten per centum thereof shall bo paid at
the time of subscribing, as hereinbefore provided; and if
any stockholder shall refuse or neglect to pay any install-
ment as aforesaid, or as required by resolution of the board
of directors after reasonable notice of the same, the said
board of directors may sell at public auction, to the highest Delinquent
bidder, so many shares of his stock as shall pay said install- ^*^^ ^^* ^*''*
ment, and the person who offers to pundiase the least
number of shares for the assessment due shall be taken to
be the highest bidder, and such sale shall be conducted
under such general regulations as may be adopted in the
by-laws of said company; but no stock shall be sold for
less than the total assessments due and payable, or said
cori>oration may sue and collect the same from any delin-
quent subscriber in any court of competent jurisdiction.

And the time in which the work and construction of the commence-
road shall begin and be completed is hereby extended so pMk)n?xtendSi!
that the work shall be commenced within thirty days and
the entire road completed within eighteen months from the
passage of this act.

Sec. 4, That when the property owners shall have dedi- Deaication,
cated for the purposes of a public highway five-sixths in ?o"ndemSa?i'on"!>f
quantity of the land necessary to open a street of such {anda for public
width as the Commissioners of the District of Columbia *^ ^*^*
may prescribe from Columbia road to Connecticut avenue
extended and also to prolong said "Connecticut avenue
extended from the point of meeting of said street there-
with to the boundary of the District of Columbia for the
full width of one hundred and thirty feet, if any of the
remaining owners of property lying within the path of
such street or said avenue extended shall refuse or neglect
to dedicate their land or lands for the purposes of said
street or said avenue, or to sell and convey tlie same to
the District of Columbia at a price to be agreed upon by
and between such owners and the said District, then in
that event it shall be the duty of the Commissioners of
the District of Columbia, and they are hereby author
ized, empowered, and directed, to condemn, in accordance
with the provisions of sections two hundred and fifty-seven r.s.d.c., sees.
to two hundred and sixty-seven, both inclusive, of the^^^'^^^'P^**^®^^-
Revised Statutes of the United States relating to the
District of Columbia, the remaining one-sixth of said lands
so as aforesaid lying within the path of such street or said
avenue extended, or so much thereof as may not have been
deflicated or sold, as hereinbefore provided, and to open
such street as afore&aid for the width aforesaid, and to open
said Connecticut avenue extended for the width of one hun-
dred and thirty feet as a public highway: Provided^ That ^rovUM.
the said company shall furnish the money to i)ay for the
purchase or condemnation of said lands and to compensate cost of pur-
the owners therefor : And provided further ^ That the track *^**®'®*''*
or tracks of said company Eihall be laid in such portions of

64 LAWS RELATING TO STREET-RAILWAY FRANGHIBES.

witb**ibuc tonr^ ®^^^ Bvenues as will least interfere with public travel, the
5, etc!* * ^ location of the same to be settled by the Oommissiouers of
the District of Columbia.

orieiDaicharter Seg. 5. That the Said compaDy shall continue, subject to
reaflarmed, etc. ^y[ the couditious and limitations of its original charter;

Amendment, and that Gongrcss reserves the right to amend, alter, or
^^' repeal the original charter, and this act.

Approved, May 28, 1890.

March 3. 1801. AN ACT to amend the charter of the Rock Creek Railway Company

of the District of Columbia.

Stats. 26, p. 835.

Be it enacted by the Senate a/nd House of Representatives
xockCreekRy^?/'^^^ United States of America in Congress assemhledj That
Co. iu addition to the powers and privileges heretofore cou-

ferred upon the Eock Creek Kailway Company of the
District of Columbia by its act qi incorporation as
amended, the said company shall be, and it hereby is,
authorized and empowered to buy, lease, hold, and oper-
ate, or otherwise to contract, respecting the riulway in the
State of Maryland, now constructed or which may here-
after be constructed, by the Chevy Chase Land Company
of Montgomery County, Maryland, and which connects, or
May connect may couuect, with the x>resent line of said Rock Creek
cheV**c^Sa8*e^*^^^*y Company, and to have respecting such connect-
Land Co. ing line the same powers and privileges as it now has or

hereafter may bave respecting its own line of railroad not
inconsistent with the laws of Maryland; and, further, that
the said Eock Creek Eailway Company of the District of
Columbia shall be, and it hereby is, authorized and empow-
Bonds. ered to issue its bonds to aid in paying for the construction

and equipment of its railroad, and the purchase and lease,
construction, and equipment of any and all future acquisi-
tions and extensions as hereinbefore are, or that may here-
after be, provided for, and to secure the said bonds bj
mortgage or deed of trust of its rights of way, and all its
property of what kind soever, whether real, personal, or
mixed, including its franchises as a corporation; and as
proof and notice x)f the legal execution and effectual deliv-
ery of any such mortgage or dfeed of trust, the same shadi
be filed and recorded in the office of the recorder of deeds
for the District of Columbia: Provided^ however ^ That the
bonds hereby authorized shall at no time exceed in the ag-
gregate amount of their face value one-half of the capital
stock of said company actually subscribed and paid in:
And provided further^ That for the purpose of fixing the
Capital stock, amouut of the capital stock of said company the cost of
purchase or lease, construction, or equipment of the acqui-
sition and extension aforesaid shall be deemed as a part of
the actual cost of the rights of way. construction, equip-
ment, motive power, and necessary lands and building
as provided for by the third section of the act amending
the charter of the said company, approved Mi^ tweQlf-
eighth J eighteen hundred and ninety; and the time for the

LAWS RELATING TO STREET-RAILWAY FRANCHISES. 66

completion of said road is hereby extended six months from Timeextended.
and after the twentieth of November, eighteen hundred and
ninety-one.

Sbo. 2. That Congress reserves the right to alter, amend. Amendment.
or repeal this act.

Approved, March 3, 1891.

AN ACT to amend tlie charter of the Rock Creek Railroad Company.

April 30, 1892.

stats. 27, i>. 23.

Be it enacted hy the Senate and House of Representatives
of the United States of America in Congress assembled^ That Kock creek
the Rock Creek Kailroad Company be, and it is hereby, ^^' ^***
aathorized to extend its road from its present terminus on Extension of
U street to Florida avenue, thence along Florida avenue to *r*<^^-
North Capitol street: Provided^ That it shall run on the
same track with the Metropolitan Eailroad Company be-
tween Ninth and Seventh streets. Said company is author-
ized to extend a branch road from a point on its line in Cliff-
borne tract across the Adams Mill road to Kansas street,
thence along Kansas street to Ontario avenue, thence along
or adjacent to Ontario avenue to the east line of the Zoolog-
ical Park, on such line as shall be approved by the Com-
missioners of the District of Columbia. That the extension
and branch herein provided for shall be subject, in all re-
spects, to the acts of Congress granting and amending the
charter of the Eock Creek Railway Company as fully as if
such acts were incorporated herein.

Sec. 2. That whenever the route of the foregoing exten- use of other
sion coincides with the tra^k occupied by the Metropolitan *^*<'^«-
Railroad Company, both companies shall use the same track
apon such fair and equitable terms as may be agreed upon Terms of use.
by said companies; and in the event that said companies
shall fail to agree upon equitable terms, either of said com-
panies may apply by petition to the supreme court of the
District of Columbia, who shall hear and determine sum-
marily the matter in due form of law, and adjudge to the
proper party the amount of compensation to be paid there-
for. Whenever more than one of the tracks of said railroad ^r^i^g*^^*^®®"
company shall be constructed on any of the streets, avenues,
or other public highways in the District of Columbia, the
width of space between the two tracks shall not exceed four
feet, unless otherwise especially ordered by the Commis-
sioners of the District of Columbia.

Sec. 3. That the Rock Creek Railway Company and the ^^^^^^ "^^^ ®^
Eckington and Soldiers' Home Railway Company shall have ^^^ ^'
the i)Ower to make any contracts or agreements that may
be necessary to enable the said companies to run the cars
of each or either company over the tracks of the other com-
pany, and also to contract for and use the power of each or
either company to propel the cars of the other company.
The said extension and branch shall be completed within completion.
one year and a half from the i)assage of this act.

Sec. 4. That the streets or avenues opened under the opening of
provisionB of this act shall couforiu to the gtiueica\ 'g\'a.\i&
6175 5

66 LAWS RELATING TO STREET-RAILWAY FRANCHISES.

for the extension of the streets and avenues of the District
of Columbia, and shall be laid out under the direction of
the Commissioners of the District of Columbia.
Amendment. qec. 5. That Cougrcss leserves the right at any time to
alter, amend, or repeal this act.
Approved, April 30, 1892.

March 1, 1895. j^ff j^Qrj^ relative to Rock Creek Railway Company of the District of
stats. 28, p.700. Columbia.

Be it enacted by the Senate and House of Representatives

■^^\a^o^z^^f ^^^ ^^^^^^ /8fto^e« of America in Congress a^sembledj That
to^oontnict Tdththe Eock Crcck Kail way Company of the District of Co-
fnglSeJ!^""^*^ lumbia, being authorized thereto by a vote of the ovniers
of a majority of its capital stock, may contract with auy
street railway company owning or operating a connecting
or intersecting liue for the joint management, lease, or par-
chase of such connecting or intersecting line or lines and
operate the same in connection with its original line; and
in case of such contract may provide the means necessary
by an increase of its capital stock, not to exceed the actual
consideration paid or the actual cost of the necessary equip-
Faie. ment: Provided, That only one fare, not exceeding the rate

now authorized by law, shall be charged for a single con-
tinuous ride in the District of Columbia over all the lines
affected by such contract or any part thereof; and any such
company owning connecting or intersecting line is hereby
empowered, when authorized by a vote of a majority of its
stockholders, to enter into such contract: Provided further j
That nothing in this Act shall be construed to impair or
abridge the right of Congress at any time to regulate the
operation of such line or lines, or to release any raUway com-
pany or companies thuscontracting,in wholeor in part, from
any obligation or restriction imposed by its original charter
or by any law of Congress subsequently enacted, except as
provided herein; and Congress hereby reserves the right
to alter, amend, or repeal this Act. In the event of the
said company entering into such contract as is contemplated
by this Act, it is hereby authorized, if deemed advisable
May change by its dircctors, to chaugc its name from the Bock Creek
dSrc^rtSS^coS: Railway Company of the District of Columbia to that of
ditions. "The Capital Traction Company.''

Approved, March 1, 1895.

COLtJMBIA RAILWAY COMPAHY.

AN ACT to incorporate the Columbia Eailway Company of the Dis- May 21, 1870.

trict of Columbia.

U. S. Stats., voL

1 A 11 1 13

Be it enacted hy the Senate and HotLse of Representatives
of the United States of America in Congress a^ssemhled, That Columbia Bail-
WiUiam Gnnton, Jobn C. McKelden, Samuel Fowler, Wil- ^^y^W'^y ^'■
liam B. Todd, WUliam H. Clagett, Jobn F. Callan, S. P.
Brown, George H. Plant, W. C. Bestor, E. M. Gallaudet, R. C.
Fox, Mathew G. Emery, William Stickney,MartinM.Rolier,
Bichard Sutton, David D. Cone, Robert Williams, William
P. Gopeland, William H. jSTalley, G. H. B. White, James T.
Pritchard, J. 0. Wall, John H. McOutchen, Paulus Thyson,
Bernard Hayes, Jacob D. Kitch, and their associates and
assigns, be, and they are hereby, created a body corporate,
under the name of the '^ Columbia Railway Company," with
authority to construct and lay down a single or double track
railway, with the necessary switches and turnouts, in the
city and county of Washington, in the District of Columbia,
through and along the following avenues, streets, and high-
ways: commencing at a point on the eastern side of west Route.
Fifteenth street, on l^ew York avenue, thence eastwardly

t[)ng said avenue to its intersection with north K street;
ence along north K street to its intersection with Massa-
chusetts avenue; thence along Massachusetts avenue to its
intersection with north H street; and thence along H street
to its eastern termination with the Columbia turnpike gate,
with the right to run public carriages thereon drawn by *m o t t v e
horse-power, receiving therefor a rate of fare not exceeding ^^J;.
six cents a passenger for any distance on said road.

Sec. 2. And he it further enacted^ That should a majority Road may be
of the stockholders so elect, at any time within two years ®*^°*®^*
irfter the completion of said road (provided for in section
one above), the said Company shall have the right to extend
said road, either with a single or double track, with the.
necessary switches and turnouts along the line of the Colum-
bia Turnpike Road Company, with the consent of said
Turnpike Road Company, or on any other road or roads
leading northwardly or eastwardly from such intersection
at the Columbia turnpike gate, now opened, or which may
hereafter be opened, by the proper authorities; and thence
along said road or roads, by the most practicable route or
routes, to the termini near, at or in the District of Colum-
bia, receiving therefor a rate of fare not exceeding cents

* Changed to cable power under authority of Act of Congress, approved March
2,1889.

67

68

LAWS KbLATING TO STREET-RAILWAY FRANCHISES.

Motive power.

Taxation.

L i c o n 8 e for
cars.

Construction.

Gauge.

Paving.

Paving.

Gradeofstrecis
may bo changed.

Amendment.

Issue of our
rency not author
ized.

a passenger for any distance on said road or roads. The
carriages on the extension of said road or roads to be pro-
pelled either by horse-power or dummy engines, at the
option of the said Railway Company.

Sec. 3. And he it further enacted^ That the said road or
roads shall be deemed real estate, and, together with other
real and personal property of said body corporate, shall be
liable to taxation as other real estate and personal property,
and to license for their vehicles or cars in the city and county
aforesaid, except as hereinafter provided.

Sec. 4. And be it further enacted^ That the said railway
shall be laid as near the centre of the avenues and streets
in the city of Washington as practicable (without interfer-
ing with or passing over the water or gas pipes), in the most
approved manner adapted for street railways, with the rails
of the most approved pattern, to be determined by the Sec-
retary of the Interior, laid upon an even surface with the
pavement of the streets or avenues; and the space between
the two tracks (where two are laid) shall not be less than
four feet nor more than six feet, and the carriages shall not
be less than six feet in width; the gauge to correspond with
that of the Metropolitan Eailroad. That the railways in the
county (should it be determined to construct such roads)
shall be laid in such manner as will least interfere with the
ordinary travel of the road or roads on which the tracks
shall be laid.

Sec. 5. And he it further enacted^ That the said corjwra-
tion hereby created shall be bound to keep said tracks, and
for a space of two feet beyond the outer rail thereof, and
also the space between the tracks, so far as the same are
laid within the limits of the city of Washington, at all times
well paved and in good order, without expense to the United
States or the said city. And in case the road shall be ex-
tended beyond the limits of said city, [as is heretofore pro-
vided,] the said corporation shall be bound to keep said
tracks, and for a space of two feet* beyond the outer rail
thereof, and also the space between the tracks well gravelled
or paved and in good order, so as not to impede the genend
travel on said roads by vehicles or otherwise, without ex-
pense to the county of Washington.

Sec. 6. And he it further enacted^ That nothing in this
act shall prevent the Government at any time, at its option,
from altering the grade, or otherwise improving all avenues
and streets occupied by said road, or the city of Washing-
ton from so altering and improving such streets and ave-
nues and the sewerage thereof, as may be under their
respective authority and control; and in such event it shall
be the duty of said Company to change their said railway
so as to conibrm to such grade and pavement.

Sec. 7. A^id he it further enacted^ That this act may at
any time be altered, amended, or repealed by the Congress
of the United States.

Sec. 8. And he it further enacted. That nothing in this
act shall be so construed as to authorize said body corpo-
rate to issue any note, token or device, scrip or other 0Vi'
dence of debt, to be used as currency.

i

LAWS RELATING TO STREET-RAILWAY FRANCHISES. 69

Sec. 9. And he it further enacted^ That the capital stock capital stock.
of said Company sLall not be less than one hundred thou-
sand dollars, nor more than four hundred thousand dollars,
and that the stock shall be divided into shares of fifty dol- transferable/*^^
lars each, and shall be deemed personal property, transfer-
able in such manner as the By-Laws of said Company may
direct.

Sec. 10. And he it further enacted^ That the said Com- cars, class and
pany shall place first-class cars on said railway, with all the ''"'^"^°^-
modern improvements, for the convenience and comfort of
passengers, and shall run cars thereon during the day and
as late as ten o'clock at night, and as often as every fifteen
minutes, between west Fifteenth street and the eastern ter-
minus of north H street ; and in case the said road shall be
extended beyond the city limits, on the entire road, or such
portions as may be completed, through the day and night,
as often as the public convenience and the interests of the
Bailway Company may require: Provided, however ^ That
the carriages or cars thereon shall not make less than eight
trips each way per day during six days in each week.

Sec. 11. And he it further enacted, That the said Com- Passenger
pany shall provide such passenger rooms, ticket offices, ^***^™^'
stables, and depots at such points as the business of the
railroad and the convenience of the public may require.
And said Company is hereby authorized to lay such rails
through transverse or other streets or roads as may be
necessary for the exclusive purpose of connecting the said connecting
stables and depots with the main tracks ; and the said Com- *™''^**-
X>any is hereby authorized to purchase or lease such lands Lands.
or buildings as may be necessary for the passenger rooms,
ticket offices, stables, and depots above mentioned.

Sec. 12. And he it further enacted, That all articles of Articles left in
value that may be inadvertently left in any of the cars or*^*"*
other vehicles of said Company shall be taken to its prin-
cipal depot and entered in a book of record of unclaimed
goods, which book shall be opened to the inspection of the
public at all reasonable hours of business.

Sec. 13. And he it further enacted, That within thirty
days after the passage of this act, the corporators named
in the first section, or a majority of them, or if any refuse
to act, then a majority of the remainder, shall cause books
of subscription to the capital stock of said Company to be subscription to
opened, and kei)t open, in some convenient and accessible *^p^**^ ^***^^-
place or places in the city of Washington for a period to be
fixed by said corporators, not less than two days; and said
corporators shall give public notice, by advertisement in
not less than two daily papers published in the city of
Washington, of the time when and the place where said ^^25^ij.^r jent of
books shall be opened ; and subscribers upon said books to bepSd attSneo^f
the capital stock of the Company shall be held to be stock- subscribing.
holders; Provided, That no one individual shall be allowed
to subscribe for more than two hundred shares of said
stock: Provided further, That every subscriber shall pay,
at the time of subscribing, twenty-five per centum of the
amount by him subscribed to the treasurer appointed by
the corporators, or his subscription shall be null and yo\d.

70 LAWS KELATING TO STREET-RAILWAY FRANCHISES.

If, at the end of two days, a larger amonnt than the capi-
tal stock of said Company shall have been subscribed, the
books shall be closed, and the said corporators named in
the first section shall forthwith proceed to apportion said
capital stock among the subscribers pro ratOj and make
public proclamation of the number of shares allotted to
each, which shall be done and completed on the same day
the books are closed : Provided further^ That nothing shall
be received in payment of the twenty-five per centum, at
the time of subscribing, except money. And when the
books of subscription of the capital stock of said Company
shall be closed, the corporators named in the first section,
or a majority of them, and, in case any of them refuse or
neglect to act, then a majority of the remainder, shall,

First meeting within tcu days thereafter, call the first meeting of the
o Btoc o ers. g^Q^jkiiolders of said Company, to meet within ten days

Directors. thereafter, for the choice of seven directors, of which pub-
lic notice shall be given for five days in not less than two
public newspapers published daily in the city of Washing-
ton, or by written or printed personal notice to each stock

Votes and holder by the clerk of the corporation. And in all meetings
proxies. Qf stockholders each share shall entitle the holder to one

vote, to be given in person or by proxy.

Sec. 14. And he it further enacted^ That the government
and direction of the affairs of the Company shall be vested
rotors* ®^ ^^' in a Board of Directors, seven in number, who shall be
stockholders, and who shall hold their office for one year
and until others are duly elected and qualified to take their
places as Directors. And the said Directors (a majority of
whom, the President being one, shall constitute a quorum),

Officers. shall clect one of their number to be President of the
Board, who shall also be President of the Company; and
they shall also choose a Treasurer, who shall give bonds,
with security, to said Company in such sum as the saitt
Directors may require for the faithful discharge of his trust.

Vacancies. In casc of a vacaucy in the Board of Directors by the death,
resignation, or otherwise of any Director, the vacancy occa-
sioned thereby shall be filled by the remaining Directors.

By-laws. qec. 15. And he it further enacted. That the Directors

shall have full power to make and prescribe such by-laws,
rules and regulations as they shall deem needful and proper
respecting the disposition and management of the stock,
property, estate and effects of the Company, not contrary
to the charter or to the laws of the United States and the
ordinances of the city and county of Washington : Provided:
stockThSn tobe "^^^^ ^^^ Dircctors of Said corporation shall have the iK)wer
caued in. to require the subscribers to the capital stock to pay the

amount by them respectively subscribed at such time (after
the first installment), in such manner and in such amouots
as they may deem proper; and if any stockholder shall
refiise or neglect to pay any installments as required by a

Forfeiture, rcsolution of the Board of Directors, after reasonable no^oe
of the same, the said Board of Directors may sell at public
auction, to the highest bidder, so many shares of his said
stock as shall pay said installments (and the highest bidder

LAWS RELATING TO STREET-RAILWAY FRANCHISES. 71

shall be taken to be the person who offers to purchase the
least number of shares for the assessment due), under such
regulations as may be adopted in the By-Laws of said cor-
poration; or said body corporate may sue and collect the
same from any delinquent subscriber in any court of com-
Iietent jurisdiction.

Sec. 16. And he it further enacted^ That there shall be i^^"""*^ ™*^*'
an annual meeting of the stockholders for choice of Direct-
ors, to be holden at such time and place, under such con-
ditions, and upon such notice as the said Company in their
By-Laws may prescribe; and said Directors shall annually
make a report in writing of their doings to Congress, or to Report.
the Secretary of the Interior, and to the stockholders in
general meeting.

Sec. 17. And he it further enacted^ That the Mayor and raih?Jy™St^to ^
Council of said city, and the levy court of said county, hindered.
and the several officers of these corporations, and the said
corporations are hereby prohibited from doing any act or
thing to hinder, delay, or obstruct the construction or
operations of said railway, as herein authorized.

Sec. 18. And he it further enacted^ That the said Com- ro?dwa°^**^° **'
pany shall have, at all times, the free and uninterrupted ^^ ^*^*
use of the roadway. And if any person or persons shall
wilfully and unnecessarily obstruct or impede the passage
of, or destroy or injure the cars, depot, stations, or any
other property belonging to said Kailway Company, the
Iierson or persons so offending shall forfeit and pay for
each such offence the sum of ten dollars to said Company,
to be recovered and disposed of as other fines and penal-
ties in said city and county, and shall remain liable, in
addition to said penalty, for any loss or damage occasioned
by his, her, or their act as aforesaid; but no suit shall be
brought unless commenced within sixty days after such
offence shall have been committed.

Sec. Is^. And he it further enacted^ That unless said cor- completion.
poration shall make and complete their said railway
between west Fifteenth street and the eastern terminus of
north H street within eight months after the Company shall
have been fully organized, then this act shall be null and
void, and no rights whatsoever shall be acquired under it;
and that the remainder of the said road shall be completed
(if commenced) to its proposed terminus iu the county of
Washington within five years.

Sec. 20. And he it further enacted^ That no person shall Exciuaionfrom
be prohibited the right to travel on any part of said road *^"*
or roads, or ejected from the cars thereof, for any other
cause than that of being drunk, disorderly, unclean, con-
tagiously diseased, refusing to pay the legal fare exacted,
or to comply with the general regulations of the Company.

Sec. 21. And he it further enacted^ That each of the stock- individual ii«-
holders in the Columbia Railway Company shall be liable holders?^ '**^^'
individually for all the debts and liabilities of said Company
to an amount equal to the amount of stock held by such
stockholder.

Sec. 22. And he it further enacted^ That all the provisions Keporu.
of the act incorporating the Washington and Georgetown

72 LAWS RELATING TO STREET-RAILWAY FRANCHISES.

Eailroad Company, requiring reports of expenditures, eaxn-
ings, and otherwise, shall be applicable to the Company
herein incorporated, which shall make reports as in said
act required.
Repealing Seo. 23. And 1)6 it further encbcted^ That all acts and parts
clause. ^^ ^^^^ heretofore passed which are inconsistent with any

of the provisions of this act be, and the same are, for the
purposes of this acjt, hereby repealed, so far as the same
are inconsistent herewith.

DISTBICT OF COLUMBIA SUBUBBAN BAILWA7 COMPANT.

AN ACT to incorporate the District of Columbia Suburban Eailway July 5, 1892.

Company.

Stats. 27, p. 66.

Be it enacted by the Senate and House of Representatives
of the United States of America in Congress assembled, That j^^j^Y^R^n ^^
Richard K. OraJle, Charles E. Creecy, John T. Mitchell, M. company \Z!^l
F. Morris, J. W. Denver, L. G. Hine, Gilbert Moyers, S. E. pirated.
Mudd, Robert A. Howard, W. I. Hill, John W. Childress,
J. F. Kennedy, D. W. Glaisse, Harry Barton, Philemon W.
Chew, T. C. Daniel, G. P. Davis, Jere Johnson and L. C.
Loomis, and their associates successors, and assigns, are
hereby created a body corporate by the name, style, and
title of *' The District of Columbia Suburban Railway Com-
pany,'' and by that name shall have perpetual succession,
and shall be able to sue and be sued, plead and be impleaded,
defend and be defended, in all courts of law and equity
within theUnited States, and may make and have a common
seal. And said corporation is hereby authorized to con-
struct and lay down a single or double track railway, as
may be approved by the Commissioners of the District of
Columbia, with the necessary switches, turn outs, and other
mechanical devices, in the District of Columbia, through
and along the following routes: Beginning at the dividing Routes,
line between the District of Columbia and the State of
Maryland, on the Bladensburg road, and running thence Biadensburg
along the said road so that the outer rail of said railway
shall not be more than five feet from the eastern boundary
of said Bladensburg road, to H. street east ; thence west on
H. street east to Seventh street east, over the tracks of the
Columbia Railroad.

Also beginning at the junction of Philadelphia and
Twelfth streets in Brookland and running south along Brookiand
Twelfth street; thence by such line as may be authorized
by the Commissioners of the District of Columbia to the
intersection of Patterson avenue with the Fairview road ;
thence along the Fairview, Corcoran and Mt. Olivet roads
to Twelfth street extended; thence along Twelfth street
extended to the junction of Twelfth street east and Florida
avenue.

Also beginning at the junction of Frankfort and Twenty-
fourth streets in Langdon; thence along Twenty-fourth LaDgdon.
street to Cincinnati street; thence along Cincinnati street
to and across Chapel road to Lafayette avenue; thence
along Lafayette avenue and in line to Capitol street, Ivy
City; thence along Capitol street to Mt. Olivet road;
thence along Mt. Olivet road to Twelfth street extended.

Also from the intersection of Florida avenue with Twelfth in washiugton.
street northeast, to H street northeast, on Twelfth street;
thence west on H street over the tracks of the Columbia

74 LAWS RELATING TO STREET-RAILWAY FRANCHISES.

road to Seventh street east ; thence south on Seventh street
by single track to G street east; thence west on G street
by single track to First street west; thence by a route to be
laid down by tbe Commissioners of the District of Colum-
bia across New Jersey avenue to the tracks of the Capitol,
North O and South Washington Eailroad; thence on the
tracks of the last-named road on G street to Fourth street,
continuing west on G street west to Fifth street; thence
south on Fifth street west, in part over the tracks of the
Metropolitan Eailroad, to Louisiana avenue; thence south-
westerly by double track on Louisiana avenue to a point
to be located by the Commissioners of the District of Colum-
bia east of Seventh street west. Eeturning north-easterly
on Louisiana avenue to Fifth street west; thence over the
tracks of the Metropolitan Eailroad along Judiciary Square
to Fourth street west; thence north on Fourth street west
by single track to E street west; thence east on B street
by single track to Eighth street east ; thence north by single
track on Eighth street to H street; thence east over the
tracks of the Columbia railroad to Twelfth street; thence
north on Twelfth street to Florida avenue: Provided^ That
all of the routes herein mentioned shall be subject to the

roatSs^ b^^Com^^PP^^^^^ ^^ *^*^ Commissioncrs of the District of Columbia,
mfisionera. ™ and thosc portious of said road between the District line

and Florida avenue shall be fully constructed before the
cars of the said District of Columbia Suburban Eailroad
shall be run over any part of the said route within the limits
of the city of Washington ; Whenever a permanent system
of streets and highways shall have been established and
laid out in the suburban portion of the District contiguous
to the route of this railroad, said company shall, when
required by the Commissioners of the District, cause such

Changes. chaugcs to bc mado in the location of its tracks as said Com-
missioners shall require in order to make the route of said
road conform to such streets and highway system. Wher-

comitry roads, evcr the routc of this road coincides with that of a country
road the railway shall be constructed along and outside of
such road. Said company shall keep the space between its
tracks, and two feet outside of its tracts in such condition
as may be required by said Commissioners.
Sec. 2. That said company may run public carriages,

Motive power, propelled by cable, electric, or other mechanical jwwer:
Provided^ That if electric wires or cables be used within

Wires to ijun- the limits of the city of Washington, the wires shall be
^er groun ^pir^eed Underground, and the power used shall be subject

to the approval of tlie said Commissioners; but nothing
in this act shall allow the use of steam power or any motor
which shall in its operation cause any noise or other dis-
turbance which in the judgment of said Commissioners
shall be inimical to the public safety or comfort: Provided
further^ That for the purpose of making a continuous con-

crossings. ncctiou the said company shall have the right to cross all

streets, avenues, and highways necessary for this purpose:

Provided^ That whenever the foregoing route or routes may

^c^oinci ding coincide with the route or routes of any duly incorporated

street railway company in the District of Columbia the

LAWS BE LATINO TO STREET-RAILWAY FRANCHISES. 75

tracks shall be used by both companies, which are hereby
authorized and empowered to use such tracks in common,
upon such fair and equitable terms as may be agreed upon
by said companies; and in the event the said companies
fail to agree upon equitable terms, either of said companies Terms of use.
may apply by petition to the supreme court of the District
of Columbia, which shall immediately provide for proper
notice to and hearing of all parties interested, and shall
have i)ower to determine the terms and conditions upon
which and the regulations under which the company hereby
incorporated shall be entitled so to use and enjoy the track
of such other street railway company, and the amount and
manner of compensation to be paid therefor : And provided
further. That neither of the companies using such tracks
in common shall be permitted to make the track so used in
common the depot or general stopping i)lace to await pas-
sengers, but shall only be entitled to use the same for the
ordinary passage of its cars, with the ordinary halts for tak-
ing up and dropping off passengers: Provided^ That this
shall not apply to or interfere with any station already
established on any existing lines; that said corporation is
authorized and empowered to propel its cars over the line
of any other road or roads, which maybe in the alignment
with and upon such streets as may be covered by the route
or routes as prescribed in this act, in accordance with the
conditions hereinbefore contained; and that this corpora-
tion shall construct and rei)air such portions of its road as Repair.
may be upon the line or routes of any other road thus used ;
and in case of any disagreement with any company whose
line of road is thus used, such disagreement may be deter-
mined summarily upon the application of either road to
any court in said District having competent jurisdiction.
Whenever more than one of the tracks of said railway
shall be constructed on any of the public highways in the
District, the width of space between the tracks shall not
exceed four feet, unless otherwise ordered by the Commis-
sioners of the District of Columbia.

Sec. 3. That said company shall receive a rate of fare ^a™-
not exceeding five cents per passenger for any distance on
its route within the District of Columbia, and the said
company may make arrangements with all existing railway
companies in the District of Columbia for the interchange
of tickets in payment of fare on its road : Provided^ That
within the District limits six tickets shall be sold for Tickets
twenty-five cents.

Sbc. 4. That said company shall, on or before the fif-
teenth of January of each year, make a report to Congress, Annual report
through the Commissioners of the District of Columbia, of
the names of all the stockholders therein and the amount
of stock held by each, together with a detailed statement
of the bonded and other indebtedness and the receipts
and expenditures, from whatever source and on whatever
aoooant) for the preceding year ending December the thirty-
first, and such other facts as may be required by any gen-
eral law of the District of Columbia, which report shall be
verified by affidavit of the president and secretary o^ %^v^

76

LAWS RELATING TO STREET-RAILWAY FRANCHI.SE8.

Paving.

company and if said report is not made at the time specified,
or witliin ten days thereafter, such failure shall of itself
operate as a forfeiture of this charter, and it shall be the
duty of the Commissioners to cause to be instituted proper
judicial proceedings therefor; and said company shall pay

Taxes. to the District of Columbia, in lieu of personal taxes ui)on

personal property, including cars and motive ])ower, each
year, four per centum of its gross earnings, which amount
shall be payable to the collector of taxes at the time and in
the manner that other taxes are now due and payable, and
subject to the same penalties on arrears; and the franchise
and property of said company, both real and personal, to
a sufficient amount may be seized and sold in satisfaction
thereof, as now provided by law for the sale of other prop-
erty for taxes; and said four per centum of its gross earn-
ings shall be in lieu of all other assessments of personal
taxes upon its property used solely and exclusively in the
operation and management of said railway. Its real estate
shall be taxed as other real estate in the District : Provided,
That its tracks shall not be taxed as real estate.

CoDatruction. Sec. 5. That the said railway shall be constructed of
good materials and in a substantial and durable manner,
with the rails of the most approved pattern, to be approved
by the Commissioners of the said District, laid upon an
even surface with the pavement of the street, and the gauge
to correspond with that of other city railways.

Sec. 6. That the said corporatian hereby created shall
be bound to keep said tracks, and for the space of two feet
beyond the outer rails thereof, and also the space between
the tracks, at all times in as good order as the streets and
highways through which it passes subject to the approval
of the said Commissioners, without expense to the United
States or to the District of Columbia.

Grade of street Sec. 7. That nothing in this act shall prevent the Dis-
may be changed. ^^^^^ ^^ Columbia at any time, at its option, from altering
the grade or otherwise improving all avenues and streets
and highways occupied by said road, or from so altering
and improving such streets and avenues and highways,
and the sewerage thereof, as may be under its authority
and control; and in such event it shall be the duty of said
company to change its said railroad so as to conform to
such grade as may have been thus established.

Sec. 8. That it shall be lawful for said corporation, its
successors or assigns, to make all needful and convenient
trenches and excavations in any of said streets, or places
where said corporation may have the right to construct
and operate its road, and place in such trenches and exca-
vations all needful and convenient devices and machinery
for operating said railroad in the manner and by the
means aforesaid, subject to the approval of the said Com-
missioners. But whenever such trenches or excavations
shall interfere with any sewer, gas, or water pipes, or any
subways or conduits, or any public work of the kind which
has been ordered by the Commissioners, then the expense
necessary to change such underground construction shall
be borne by the said railway company: Provided^ That

Cons traction.

IiAWS RELATING TO STREET-RAILWAY FRANCHISES. 77

wherever the raikoad shall be built along any road, the
space between the inner rail of said railroad and the road- space between
way shall be graded and put in good order for public iise JjJJJ^J?/^ *"*^
at the expense of the company and subject to the approval
of the Commissioners of the District of Columbia: Pro-
vided alsOj That the construction of said railroad on any
street where there are or may be any mains, fixtures, or ^^ter mains,
apparatus pertaining to the Washington Aqueduct shall etc.
be subject to such conditions as may be approved by the
Secretary of War, which conditions must be obtained and
be accepted in writing by said company before commencing
any work on such street; and no steam cars, locomotives,
or passenger or other cars for steam railroads shall ever be
run on the tracks of said company over any such main,
fixture, or apparatus. The said railroad shall be subject to
the requirements of section fixteeu of the act of Congress
approved February twenty-eighth, eighteen hundred and
ninety-one, entitled *' An act to incorporate the Washing-
ton and Arlington Eailway Company of the District of
Columbia." The said company shall, before commencing
work on said railroad on such street, deposit with the Treas- Depo s 1 1 f or
urer of the United States to the credit of the Washington ^*^*°«^«p^p^*-
Aqueduct such sum as the Secretary of War may consider
necessary to defray all the expenses that may incurred by
the United States in connection with the inspection of the
work of construction of said railroad on such street, and
in making good any damages done by said company, or its
works, or by any of its contracting agents, to any of said
mains, fixtures, or apparatus, and in completing, as the Sec-
retary of War may deem necessary, any of the work that
the said company may neglect or refuse to complete and
that the Secretary of War may consider necessary for the
safety of said mains, fixtures, or apparatus, and the said
company shall also deposit as aforesaid such further sums
for said purposes at such times as the Secretary of War
may consider necessary: Provided^ That the said sum shall
be disbursed like other moneys appropriated for the Wash-
ington Aqueduct, and that wliatever shall remain of said
deposits at the end of one year after the completion of
said railroad in such street shall be returned to said com-
pany on the order of the Secretary of War, with an ac-
count of its disbursement in detail: And provided alsOj
That disbursements of said deposits shall, except in cases
of emergency, be made only on the order of the Secretary
of War. The exercise of the rights by this act granted are
to t erminate at the pleasure of the Secretary of War in case
of i>er8istent neglect by said company, or by its successors,
to make the deposits, or to comply with any of the condi-
tions, requirements, and regulations aforesaid.

Sec. 9. That it shall also be lawful for said corporation, ^^ngine houses.
it« successors or assigns, to erect and maintain, at such*
convenient and suitable points along its lines as may seem
most desirable to the board of directors of the said corpo-
ration and subject to the approval of the said Commission-
ers, an engine house or houses, boiler house, and all other
Imydings necessary for the successful operation of a cable-
motor, electric, pneumatic, or other railrovx^.

78 LAWS RELATING TO STREET-RAILWAY FRANCHISES.

Speed. Sec. 10. That it shall not be lawfal for said corporation,

its successors or assigns, to propel its cars over said rail-
road, or any part thereof, at a rate of speed exceeding that
which may be fixed from time to time by the said Oommis-
sioners, and for each violation of this provision said gran-
tees, their successors or assigns, as the case may be, shall
be subject to a penalty of fifty dollars, to be recovered in
any court of competent jurisdiction at the suit of the Com-
missioners of the said District.
Commencement qjjq^ h^ That the line of Said railway company shall be
commenced withm six months and completed within two
years from the passage of this act, otherwise this act shall
be of no efi'ect.
Capital stock. qeo. 12. That Said company is hereby authorized to issue
its capital stock to an amount not to exceed two hundred
and fifty thousand dollars in shares of one hundred dollars
each. Said company shall require the subscribers to the
capital stock to pay in cash to the treasurer appointed by
the corporators the amounts severally subscribed by them
as follows, namely : Ten per centum at the time of sub-
scribing and the balance of such subscription to be paid
at such times and in such amounts as the board of direct-
ors may require; excepting that fifty per centum shall be
paid in within twelve months, and no subscription shall
be deemed valid unless the ten per centum thereof shall be
paid at the time of subscribing as hereinbefore provided;
and if any stockholder shall refuse or neglect to pay any
installment as aforesaid, or as required by the resolution
of the board of directors, after reasonable notice of the
same, the said board of directors may sell at public auction,
to the highest bidder, so many shares of his stock as shall
pay said instalments, and the person who ofiers to purchase
the least number of shares for the assessment due shall be
taken to be the highest bidder, and such sale shall be con-
ducted under such general regulations as may be adopted
in the by-laws of said company; but no stock shall be sold
for less than the total assessments due and payable or said
corporation may sue and collect the same from any delin-
quent subscriber in any court of competent jurisdiction.

Seo. 13. That within thirty days after the passage of

this act the corporators named in the first section, their

associates, successors, or assigns, or a minority of them,

or, if any refuse or neglect to act, then a majority of the

remainder, shall meet at some convenient and accessible

place in the District of Columbia for the organization of

said company and for the receiving subscriptions to the

Meetinffto re. capital stock of the company: Frovidedj Thot every sub-

uins. •^^*^'^*^* scriber shall pay at the time of subscribing ten per centum

of the amount by him subscribed to the treasurer appointed

by the cor[)orat()rs, or his subscription shall be null and

Bh^n*! ^^r'^t ^^^^ ' iVor/</e<f /wr^/*<»r, That nothing shall be received in

tim«iofluWrib.pftyi"eut of the tou per centum at the time of subscribing

*°K- except lawful money or certified checks from any estal^

Fim meeting lished national bank. And when the books of subscrip-

of stockhoiden. ^j^^jj j^^ ^jj^ capital sto(»k of Said company shall be olos^

the cori>orators named in the first section, i^w aaaociates,

LAW8 RELATING TO STREET-RAILWAY FRANCHISES. 79

saccessors, or assigns, or a majority of them, and in case ^
any of them refuse or neglect to act, then a majority of the
remainder shall, within twenty days thereafter, call the
first meeting of the stockholders of said company to meet
within ten days thereafter for the choice of directors, of
which pubUo notice shall be given for five days in two
daily newspapers published in the city of Washington,
and by written personal notice to be mailed to the ad-
dress of each stockholder by the clerk of the corporation;
and in all meetings of the stockholders each share shall
entitle the holder to one vote, to be given in person or by
proxy : Provided^ That it shall be unlawful for the company ponsoHdation
hereby incorporated to consolidate with any other railroad forwddenf "**^*
company now in existence, or which may hereafter be char-
tered, and any such consolidation shall of itself operate as
a forfeiture of this charter. Nor shall the charter or fran- saie.
chise herein granted be sold or transferred to any company
or person until the road shall have been fully constructed.

Sec. 14. That the said company shall place first-class cars.
cars on said railways, with all the modern improvements
for the convenience and comfort of passengers, and shall
run cars thereon as often as the public convenience may
require; the time table or schedule of time to be approved schedule.
by the said Commissioners of the District of Columbia.

Sec. 16. That the company may buy, lease, or construct Paaaenger
such passenger rooms, ticket offices, workshops, depots, '^™*' ®*^*
lands, and buildings as may be necessary, at such points
on its line as may be approved by the said Commissioners.

Sec. 16. That all articles of value that may be inadvert- Articles left in
ently left in any of the cars or other vehicles of the said ^*"'
company shall be taken to its principal depot and entered
in a book of record of unclaimed goods, which book shall
be open to the inspection of the public at all reasonable
hours of business.

Sec. 17. That thegovernment and direction of affairs of Board of direct-
the company shall be vested in a board of directors, nine**"*
in number, who shall be stockholders of record, and who
shall hold their office for one year, and until others are
didy elected and qualified to take theu' places as directors;
and the said directors (a majority of whom shall be a quo- officers.
rum) shall elect one of their number to be president of the
board, who shall also be president of the company, and
they shall also choose a vice-president, a secretary, and
treasurer, who shall give bond with surety to said company
in such sum as the said directors may require for the faith-
ful discharge of his trust. In the case of a vacancy in the vacancies.
board of directors by the death, resignation, or otherwise,
of any director, the vacancy occasioned thereby shall be
filled by the remaining directors.

Sec. 18. That the directors shall have the power to make By-uws.
and prescribe such by-laws, rules, and regulations as they
shall deem needful and proper touching the disposition
and management of the stock, propert}", estate, and effects
of the company, not contrary to the charter or to the laws
of the United States and the ordinances of the District of
Oolombia.

80 LAWS RELATII^ra TO SfREET-RAlLWAY FRANCHISES.

Annual meet- sec. 19. That there shall be at least an annual meeting

°^* of the stockholders for choice of directors, to be holden at

such time and place, under such conditions, and upon such

notice as the said company in their by-laws may prescribe;

Report. and said directors shall annually make a report in writing

of their doings to the stockholders.

obstrnction of Seo. 20. That the Said company shall have at all times
roadway. ^^^ ^^^^ ^^^ Uninterrupted use of its roadway, and if any

person or persons shall willfully, mischievously and unnec-
essarily obstruct or impede the passage of cars of said rail-
way company with a vehicle or vehicles, or otherwise, or
in any manner molest or interfere with passengers or oper-
atives while in transit, or destroy or injure the cars of said
railway or depots, stations, or other property belonging to
said railway company, the person or persons so oftending
shall forfeit and pay for each such offense not less than
twenty-five nor more than one hundred dollars to said com-
pany, to be recovered as other fines and penalties in said
District, and shall remain liable, in addition to said i)en-
alty, for any loss or damage occasioned by his or her or
their act as aforesaid; but no suit shall be brought unless
commenced within sixty days after such ofi'ense shall have
been committed.

croBsingH. gEC. 21. That the said District of Columbia Suburban

Kailway Company shall have the right of way across such
other railways as are now in operation within the limits of
the lines granted by this act, and is hereby authorized to
construct its said road across such other railways in a
manner to be approved by the Commissioners of the Dis-
trict: Provided^ That it shall not interrupt the travel of
such other railways in such construction.

Exclusion Sec. 22. That no person shall be prohibited the right to
rom cars. travcl ou any part of said road or ejected from the cars by
the company's employees for any other cause than that of
being drunk, disorderly, unclean, or contagiously diseased,
or refusing to pay the legal fare exacted, or to comply with
the lawful general regulations of the company.
et^"**''^"'®"*' Seo. 23. That this act may at any time be altered,

amended, or repealed by the Congress of the United States.

Land required. Sec. 24. That iu the cvcut that the compauyshould notbe
able to come to an agreement with the owner or owners of
any land through which the said road may be located to
pass, proceedings for the condemnation for the use of the
company of so much of said land as may be required, not
exceeding one hundred feet in width, may be instituted in
the usual way in the supreme court of the District of Colum-
bia, under such rules and regulations as said court may
prescribe for such purposes.

Approved, July 5, 1892.

ECKoroToisr and soldiebs' home bailwat company.

AN ACT to incorporate the Eckington and Soldiers' Home Railway June 19, 1888.

Company of the District of Columbia. stats 25 n 190

Be it enacted by the Senate and House of Representatives
of the United States of America in Congress assembled, That Eckington and
Edward F. Beale, Edward O. Dean, A. L. Barbour, George R^iiwly S!?n-
Truesdell, James L. Barbour, George E. Moore, ^^^rles « ^^i^*^^ » ^ « ^
C Duncanson, Michael Connor, and Joseph Paul, of the *™^°
District of Columbia, and their associates, successors, and
assigns, be, and they are hereby, created a body corporate
under the name of the Eckington and Soldier's Home Kail-
way Company of the District of Columbia, with authority
to construct and lay down a single or double- track railway,
with the necessary switches, turn-outs, and other mechan-
ical devices and sewer connections necessary to operate the
same by horse, cable, or elertric power, in the I^istrict of ^«^j^® po^®^
Columbia through and along the following avenues, streets, *™*" ®
and highways: Commencing on New York avenue at its Route (amend.
intersection with Seventh street, northwest, thence east- ^^•
wardly along said avenue to its intersection with Third
street, northeast, thence along Third street north to T
street, thence east to fourth street with the privilege of
extending the same northwardly along Fourth street to
the Bunker Hill road within one year after said Fourth
street shall have been opened and graded : Provided, That
in order to avoid crossing the Baltimore and Ohio Railroad,
the District Commissioners may, if they deem it necessary,
require said company to acquire by purchase the right of
way along the west side of said railroad from New York
avenue to Third street east; also a branch commencing at Branches.
the intersection of New York avenue with First street,
west; and thence north along First street, to the south line
of the grounds of the Soldiers' Home; also with the priv-
ilege of extending said main line along New York avenue
to Ivy City, within one year after said avenue is opened
and graded to Ivy City, with the right to run public car-
riages thereon propelled by horse, electric, or cable power.
Said company shall receive a rate of fare not exceeding Fare.
five cents per passenger for any distance between the ter-
mini of said main railway or between the termini of its
branch railway, or between either terminus of said main
railway and the terminus of said branch railway, but shall
sell six tickets for twenty- five cents.

Sec. 2. That said railway company shall, on or before the Annual report.
fifteenth of January of each year, make a report to Con-
gress of the names of all the stockholders therein and the
amount of stock held by each, together with a detailed
statement of the receipts and expenditures, from whatever

6175 6 %v

82

LAWS RELATING TO STREET-BAILWAY FRANCHISES.

Taxes.

Tracks.

source and on whatever account, for the preceding year
ending December the thirty-first, which report shall be veri-
fied by affidavit of the president and secretary of said com-
pany and if said report is not made at the time specified, or
within ten days thereafter, it shall bo the duty of the Com-
missioners to cause to be instituted judicial proceedings to
forfeit this charter; and said company shall pay to the Dis-
trict of Columbia, in lieu of personal taxes upon personal
property, including cars and motive power, each year four
per centum of its gross earnings, which amount shall be
payable to the collector of taxes at the times and in the
manner that other taxes are now due and payable, and sub-
ject to the same penalties on arrears; and the franchise and
property of said company, both real and personal, to a suffi-
cient amount, may be seized and sold in satisfaction thereof,
as now provided by law for the sale of other proi)erty for
taxes; and said per centum of its gross earnings shall be
in lieu of all other assessments of personal taxes upon its
property, used solely and exclusively in the operation and
management of said railway. Its real estate shall be taxed
as other real estate in the District: Provided j That its
tracks shall not be taxed as real estate.

Sec. 3. That the said railway shall be laid in the center
of the avenue and streets as near as may be, to be con-
structed of good materials, and in a substantial and dura-
ble manner, with the rails of the most approved pattern,
all to be approved by the Commissioners of the District,
laid upon an even surface with the pavement of the street
and in such manner as to interfere with the ordinary travel
as little as practicable; and the gauge to correspond with
that of other city railroads.

Sec. 4. That the said corporation shall, at its own ex-
pense, keep said tracks within the city limits, and for the
space of two feet beyond the outer rails thereof, and also
the space between the rails and tracks, at all times well
paved and in good repair, to be approved by the Commis-
sioners of the District; and beyond the limits of said city
shall keep its tracks, and for the space of two feet beyond
the outer rails thereof, and also the space between the rails
and tracks, well graded or paved, and in good repair, so as
to impede the general travel as little as possible.

Sec. 5. In the event of a change of grade at any time of
any of the streets, avenues, or roads occupied by the track
of this corporation, it shall be the duty of said company,
at its own expense, to change its said railroad so as to con-
form to such grade as may have been thus established.
Construction. Sec. 6. That it shall be lawful for said corporation, its
successors or assigns, with the approval of the Commis-
sioners of the District of Columbia, to make all needful and
convenient trenches and excavations and sewer connections
in any of said streets or places where said corporation may
have the right to construct and operate its road, and place
in such trenches and excavations all needful and convenient
devices and machinery for operating said railroad in the
manner and by the means aforesaid; and said sewer con-
nections shall have such traps or other devices as may be

Paving.

Changes
grade.

of

LAWS RELATING TO STREET-RAILWAY FRANCHISES. 83

required by the Commissioners of the District. It shall
also belawftdfor said corporation, its successors or assigns,
to erect and maintain, at such convenient and suitable
points along its lines as may seem most desirable to the
board of directors of the said corporation, and subject to
the approval of the Commissioners of the District, an
engine-house or houses, boiler-house or houses, and all
other buildings necessary for the successful operations of
an electric or cable motor railroad.

Sec. 7. That it shall not be lawful for said corporation, speed.
its successors or assigns, to propel its cars over said rail-
road, or any part thereof, within the city limits, at a rate
of speed exceeding ten miles per hour; and without the
city limits, at a rate of speed exceeding fifteen miles per
hour; and for each violation of this provision said grantees,
their successors or assigns, as the case may be, shall be sub-
ject to a penalty of fifty dollars, to be recovered in any
court of competent jurisdiction at the suit of the Commis-
sioners of the District of Columbia.

Sec. 8. That the main line of said railway shall be com-^^jmm«iice-
menced within three months, and completed within twelve pietion*" ^^
months from the passage of this act; and the branch of
the same shall be completed within two years from the
time First and Fourth streets and New York Avenue shall
be re8i>ectively graded; and if the said work on the main
line shall not be so commenced and completed, then the
privileges and powers herein granted shall be void.

Sec. 9. That the capital stock of said company shall not capital stock.
exceed, if horse power is to be used for the main line, sixty
thousand dollars, which may be increased when work is
commenced on the First street branch forty- five thousand
dollars, and on the Ivy City branch thirty-two thousand
dollars, and on the Fourth street extension forty thousand
dollars. If electric power is to oe used, the capital
stock for the main line shall not exceed one hundred
and two thousand dollars, which may be increased when
work is commenced on the First street branch eighty-
four thousand dollars, and Ivy City branch sixty thousand
dollars, and on the Fourth street extension seventy-five
thousand dollars. If propelled by cable the capital stock
for the main line shall not exceed two hundred and four
thousand dollars, which may be increased when work is
commenced on the First street branch one hundred and
sixty-eight thousand dollars, and on the Ivy City branch
one hundred and twenty thousand dollars; and on the
Fourth street extension, one hundred and fifty thousand
dollars; and that the stock shall be divided into shares of
fifty dollars each, transferable in such manner as the by-
laws of said company may direct, and said company shall
require the subscribers to the capitol stock to pay in cash
the amount by them respectively subscribed, at such times
(after the first installment) and in such amounts as the
board of directors may deem proper and necessary in the
consttnction of said road ; and if any stockholder shall re-
fuse or neglect to pay any installment, as required by a
resolution of the board of directors, after rea&o\\aAA<^ \lq\>v^

84 LAWS RELATING TO STREET-RAILWAY FRANCHISES.

of the same, the said board of directors may sell at public
auction, to the highest bidder, so many shares of his said
stock as shall pay said installment (and the i)erson who
offers to purchase the least number of shares for the assess-
ment due shall be taken as the highest bidder), and the
sale shall be conducted under such general regulations as
may be adopted in the by-laws of said company; but no
stock shall be sold for less than the total assessments due
and payable, or said corporation may sue and collect the
same from any delinquent subscriber in any court of com-
petent jurisdiction.

Cars. Sec. 10. That the company shall place cars of the best con-

struction on said railways, with all modern improvements
necessary to the convenience and comfort of passengers,
and shall run cars thereon as often as the public conven-
ience may require, in accordance with a time table or sched-
ule adopted by the company, a copy of which shall bo filed
with the Commissioners of the District of Columbia, and
to be approved by them.

Paeeenger Sec. 11. That the compauy shall buy, lease, or construct

room8,8hop8,etc g^^j^ passcnger-rooms, ticket-offices, workshops, depots,

lands, and buildings as they may deem necessary, at such

points on its line as maybe approved by the Commissioners

of the District.

cafs'"*'^** ^^^^'^ S^^' ^2- "^^^^ »^1 articles of value that may be inadvert-
ently left in any of the cars or other vehicles of the said
company shall be taken to its principal depot and entered
in a book of record of unclaimed goods, which book shall
be open to the inspection of the public, and if said prop-
erty remain unclaimed for one year the company shall sell
the same after five days notice.
Organization. Sec. 13. That withiu thirty days after the passage of
this a<jt the corporators named in the first section, or a
majority of them, or if any refuse or neglect to act, then a
majority of the remainder, shall cause books of subscrip-
tion to the capital stock of said company to be opened
and kept open, in some convenient and accessible place in
the District of Columbia, from nine o'clock in the forenoon
till five o'clock in the afternoon, for a period to be fixed by
said corporators, not less than five days (unless the whole
stock shall be sooner subscribed for) ; and said corporators
shall give public notice, by advertisement in at least two
daily papers published in the city of Washington, of the
time when and the place where said books shall be opened;
and subscribers upon said books to the capital stock of the
company shall be held to be the stockholders: Provided,
ca'*?ua8t?ck "*° That every subscriber shall pay, at the time of subscrib-
capi 8 oc . .^^^ ^^^^ ^^^ centum of the amount by him subscribed, to

the treasurer appointed by the corporators, or his sub-
scription shall be null and void : Provided further, That
nothing shall be received in payment of the ten per-
centum, at the time of subscribing, except lawful money
or certified checks from any national bank. And when the
books of subscription to the capital stock of said company
shall be closed, the corporators named in the first section,
or a majority of them, and in case any of them refuse or

LAWS RELATING TO STREET-RAILWAY FRANCHISES. 85

neglect to act, then a majority of the remainder shall,
within twenty days thereafter, call the first meeting of the
stockholders of said company, to meet within ten days
thereafter, for tlie choice of directors, of which public
notice shall be given for five days in two public news-
papers published daily in the city of Washington, or by
written personal notice to each stockholder by the clerk
of the corporation ; and in all meetings of the stockhold-
ers each share shall entitle the holder to one vote, to be
given in person or by proxy.

Sec. 14. That the government and direction of the affairs i>irector8.
of the company shall be vested in a board of nine directors
who shall be stockholders of record, and who shall hold
their office for on^ year, and until their successors are duly
elected and qualified; and the said directors, a majority of
whom shall be a quorum, shall elect one of their number
president of the board, who shall also be president of the
company; and they shall also choose a vice-president, a
secretary, and a treasurer, the latter of whom shall give
bond, with good and sufficient surety to said company, in
such sum as the said directors may require for the faithful
discharge of his trust. In case of a vacancy in the board
of directors by death, resignation, or otherwise, the vacancy
so occasioned shall be tilled by the remaining directors.

Sec. 15. That the directors shall have the power to make By-iaws, etc.
and prescribe such by-laws, rules, and regulations as they
shall deem needful and proper touching the disposition and
management of the stock, property, estate, and effects of
the company and the management of its business, not con-
trary to the charter or to the laws of the United States and
the ordinances of the District of Columbia.

Sec. 16. That there shall be an annual meeting of the . Annual meet-
stockholders for choice of directors, t-o be holden at such ^"^*
time and place, under such conditions, and upon such notice
as the said company in their by-laws may prescribe, and
said directors shall annually make a rei)ort in writing of
their doings to the stockholders.

Sec. 17. That said company shall have at all times the^^^^^^^ **'
free and uninterrupted use of its roadway ; and if any person
or persons shall willfully, mischievously, and unnecessarily
obstruct or imi)ede the passage of the cars of said railway
with a vehicle or vehicles, or otherwise, or in any manner
molest or interfere with passengers or operatives while in
transit, or destroy or injure the cars of said railway, or
depots, or other property beloiigiug to said railway, the
person or i)ersons so offending shall forfeit and pay for each
such offense not less than twenty-five nor more than one
hundred dollars, to be recovered as other fines and penalties
in said District, and shall also be liable to said company,
in addition to said penalty, for any loss or damage occa-
sioned by his or her or their act as aforesaid, but unless
suit shall be brought within sixty days the action shall be
barred.

Sec. 18. That the said Company shall have the right of brassing
way across such other railways as are now in operation
witiiin the limits of the lines granted by this act, and is

86 LAWS RELATING TO STREET-RAILWAY FRANCHISES.

hereby authorized to construct its said road across such
other railways : Provided^ That it shall not unnecessarily
interrupt the travel of such other railways in such con-
struction.
Exclusion from Sec. 19. That no pcrsou shall be prohibited the right to

*^*"* travel on any part of said road, or be ejected from the cars

by the company's employees, for any other cause than that
of being drunk, disorderly, unclean, or contagiously dis-
eased, or refusing to pay the legal fare exacted, or to comply
Assignment, with the lawful regulations of the company. The corpora-

^^' tors herein named, or the corporation hereby created, shall

not sell or assign any of the rights hereby conferred relat-
ing to the line of said road until after the main road hereby
authorized shall have been constructed as herein provided,
and then only after having obtained the written consent of
the stockholders representing two-thirds in value of the
capital stock.
Amendment. Sec. 20. That Cougrcss rcscrvcs the right to alter, amend,
or repeal this act at any time.
Approved, June 19, 1888.

Apriiso, 1890. AN ACT to amend the charter of the Eckington and Soldiers' Home
stats. 26, p. 77. Railway Company.

Be it enacted by the Senate and Souse of Representatives

of the United States of America in Congress assembled^ That

Eckin^n and the Bckiugtou and Soldiers' Home Railway Company of

Kan*wa^c°J?u^ ^^^ District of Columbia is hereby authorized to extend its

pany, District of tracks and to ruu its cars thereon through and along the

AmeStoientsto following-named streets: Beginning at the intersection of

^^^E^'^* ion of -^^^ York avenue and Fifth street northwest, south along

tracks."** ^^^ Fifth Street northwest to G street northwest, and thence

west along G street northwest to the east line of Fifteenth
street northwest; and also beginning at the present ter-
minus of its Cemetery Branch on the east side of Lincoln
avenue, and thence northerly along Lincoln avenue to a
point opposite the entrance to Glenwood Cemetery, and
also beginning at the intersection of New York avenue and
North Capitol street; thence north along said street to the
south boundaries of the grounds of the Soldiers' Home:
Provisos. Provided, That if electric wires or cables are used to
wireL^OT^bies^^l^^'^P®^ its cars ovcr said streets' from New York avenue
resorca es. ^^^ p^ifth to Fifteenth street northwest, the same shall be

placed underground: And provided further j That the said

stoppages. company shall not be permitted to stop its cars at its

western terminus, or at any point within the city limits, for

a longer time than is necessary to take on and let off its

Fare. passcugcrs. Said company shall charge not exceeding five

cents fare for one continuous ride from any point on its line

to the terminus of its main line or any of its branches.

North Capitol And Said company is authorized to use overhead wires on

Overhead wiSes*' its North Capitol Street Branch.

Sec. 2. That so much of the original charter of the Eck-
ington and Soldiers' Home Bail way Company, gnmted

LAWS RELATING TO STREET-RAILWAY FRANCHISES. 87

by act approved June nineteenth, eighteen hundred and

eighty-eight, as authorized the construction of a branch on

First street west, from New York avenue to the south First street

boundary of the Soldiers' Home be, and the same is hereby, ^°"*«»^i^«^«d-

repealed.

Sec. 3. That said company is authorized to increase its . Capital stock
capital stock one hundred and seventy-five thousand dol-
lars for the purpose of enabling it to extend and equip its
line as provided in this act.

Sec. 4. Thatunless said extensions are commenced within j^^^^}.™™^'^^^®-
three months and the cars run thereon within one year from pietion. ^**™'
the passage of this act the authority herein granted shall
be void: Provided^ That said company shall have one year ProvUo.
to complete the North Capitol Street Branch after said .^**r*^ Capitoi

. ,^ - - , S street route.

street is opened and graded.

Sec. 5. That Congress reserves the right to alter, amend ^^®°dment,
or repeal this act.

Sec. 6. That this act shall be considered as an amend- straSS! ^^'
ment to the act of June nineteenth, eighteen hundred and
eighty-eight, granting a charter to the Eckington and Sol-
diers' Home Railroad, and shall be construed as being sub-
ject to all limitations and conditions of said original act
except as specifically provided otherwise herein. That the
authority of said company by this act or any other act
conferred to erect or use overhead wires in its operations ^^^ wfre^^ to
within the city of Washington shall absolutely cease and cease (time ex-
determine on the first day of July, anno Domini eighteen *®"^®^ 2 years).
hundred and ninety- three.

Approved, April 30, 1890.

AN ACT to amend the charter of the Rock Creek Railroad Company. April 30, 1892,

« * * * * Stats. 27, p. 23.

Sec. 3. l?hat the Eock Creek Eailway Company and the goWiers^Home

_ _ _ _ Ry.Co.

have the power to make any contracts or a£:reements that *,J?i°Li*5^™2£

Eckington and Soldiers' Home Eailway Company shall rv.co.

J'
p^^^ ^

may be necessary to enable the said companies to run the with Rock^'reek

power to make any contracts or agreements that tracksandpo
lecessary to enable the said companies to run the with Rock cr
cars of each or either company over the tracks of the other ^*^^**^ ^®'
company, and also to contract for and use the power of
each or either company to propel the cars of the other com-

wer

pany.

*

Approved, April 30, 1892.

AN ACT to amend the charter of the Eckington and Soldiers' Home July 5. 1892.

Railroad Company. Stets. 27, p. 65.

Be it enacted hy the Senate and House of Representatives
of the United States of America in Congress a^sembled^ ^^^* Sofdiers^Home
the charter of the Eckington and Soldiers' Home Railroad r. R.Ta **"**
Company be, and the same is hereby, amended so as to
aathorize said company to lay its tracks and to run its cars ♦J^"®***'* °'
ihereou through and along the tbllowing named streets and

88 LAWS RELATING TO STREET-RAILWAY FRANCHISES.

avenues: BegiuuiDg at the iiitersection of Fifth ana G
streets northwest, east along G street to ITew Jersey avenue
and First street; thence south along First street north west
to street northwest; thence east along street to New
Jersey avenue; thence south along New Jersey avenue to
a point in the center of said avenue at a distance of not
less than one hundred and fifty feet from the north curb
line of B street north. Eeturning north along New Jer-
sey avenue to D street; thence west on D street to First
street northwest; thence north on First street to G street,
and along G street to Fifth street northwest; also, be-
ginning at the intersection of G street and New Jersey
avenue; thence across New Jersey avenue to and along G
street to North Capitol street; thence north along North
Capitol street to New York avenue, connecting with its
main line and North Capitol street branch ; also beginning
at the intersection of Fifth and G streets northwest ; thence
south on Fifth street to Louisiana avenue; thence south-
westerly on Louisiana avenue to a point to be located by
the Commissioners of the District of Columbia, east of
Seventh street northwest, and returning by the same route
to the said point of beginning; also beginning at the inter-
section of New Jersey avenue and C street northwest;
thence east on C street to Stanton square; thence around
Stanton square, on the south side thereof, to C street north-
east and along G street to Fifteenth street northeast; thence
north on Fifteenth street to D street northeast; thence
west on T> street to Fourth street; thence south on Fourth
street to and along C street to New Jersey avenue and the

TrackeinCandP^i^^^ ^^ beginning: Provided^ That until and D streets
D streets NE. shall bc pavcd and provided with sewers to Fifteenth street

the company shall not be required to construct its road
beyond Twelfth street; also begiiming at the present ter-
minus of the Eckington and Soldiers' Home road on Fourth
street extended, thence along and wholly outside of the pres-

Bnnker Hill ®^^ Buukcr Hill Toad, ou land to be acquired by said com-
road. pany by gift or purchase and made a part of said road, to a

point to be located by the Commissioners of the District of
C3olumbia west of Brooks station : Provided^ That nothing
contained in this act shall be taken to require the extension
provided for in this clause before said road shall have been

Removal of ^^^^^^ ^^ ^®^®^^P^^^^^®^ ^*^^* Pfovldcd further^ That the
tracks from Lin- tracks of Said compauy on Lincoln avenue shall be taken
ooin avenue. ^p ^i^jiin thirty days from the passage of this act, and the
roadway shall be restored to public uses in such manner
as the Commissioners of the District of Columbia shall
Motive power, direct : Provided J That horse power shall not be used on
^V^uiouti- s^id lii^^ ^^^ traction purposes, and that if electric wires
pealed.) or cablcs are used to propel its cars over any of the routes

hereby authorized within the limits of the city of Wash-
ington the same shall be placed underground.
Coinciding Whorevcr the foregoing route or routes may coincide
nrates. ^t\ the duly authorized route or routes of any other duly

incorporated street, railway company in the District of
Columbia, both companies shall use the same tracks upon
iSach iair and equitable terms as may be agreed apon by

^

LAWS RELATING TO STREET-RAILWAY FRANCHISES. 89

said companies; and in the event said companies shall fail
to agree upon equitable terms, either of said companies
may apply by petition to the supreme court of the District
of Columbia, which shall hear and determine summarily
the matter in due form of law, and adjudge to the proper
party the amount of compensation to be paid therefor.
Said company shall charge not exceeding five cents fare for
one continuous ride from any point on its lines to the termi-
nus of its main lineorany of its branches: Provided, That
the construction of said railroad on any street where there
are or may be any mains, fixtures, or apparatus pertaining
to the Washington Aqueduct shall be subject to such con-
ditions as may be approved by the Secretary of War, which
conditions must be obtained and be accepted in writing by
said company before commencing any work on such street
and no steam cars, locomotives, or passenger or other cars
for steam railroads shall ever be run on the tracks of said

# company over any such main, fixture, or apparatus. The water mains.

^aid railroad shall be subject to the requirements of section ®**'
fifteen of the act of Congress approved February twenty-
eighth, eighteen hundred and ninety-one, entitled "^Au act
to incorporate the Washington and Arlington Eailway
Company of the District of Columbia." The said com-
pany shall, before commencing work on said railroad on
such street, deposit with the Treasurer of the United States Deposit.
to the credit of the Washington Aqueduct such sum as
the Secretary of War may consider necessary to defray all
the expenses that may be incurred by the United States in
connection with the inspection of the work of construction
of said railroad on such street, and in making good any
damages done by said company, or its works, or by any of
its contracting agents, to any of said mains, fixtures, or
apparatus, and in completing, as the Secretary of War may
deem necessary, any of the work that the said company
may neglect or refuse to complete and that the St (jretary
of War may consider necessary for the safety of said mains,
fixtures, or apparatus, and tiie said company shall also
deposit as aforesaid such further sums for said purposes at
such times as the Secretary of War may consider neces-
sary: Provided, That the said sums shall be disbursed like
other moneys appropriated for the Washington Aqueduct,
and that whatever shall remain of said deposits at the end
of one year after the completion of said railroad in such
street shall be returned to said company on the order of
the Secretary of War, with an ac(jount of their disburse-
ment in detail: Aiid provided also, That disbursements of
said deposits shall, except in case of emergency, be made
only on the order of the Secretary of War. The exercise
of the rights by this act granted are to terminate at the
pleasure of the Secretary of War in case of ])ersistent neg-
lect by said company, or by its successors, to make the
deposits, or to comply with any of the conditions, recjuire-
ments, and regulations aforesaid.

Sec. 2. That said company is authorized to increase its increase o^
capital sto<;k three hundred thousand dollars for the pur- ^^^'
pose of enabling it to extend and equix) its line as provided

90 LAWS RELATING TO STREET-RAILWAY FRANCHISES.

in this act, aod to redeem bonds issued to take care of pres-
ent indebtedness incurred in building and equipping the
road already constructed, and no additional bonds shall be
issued by said company without special authority of Con-
gress.
Commencement Seo. 3. That uulcss Said cxtcusions are commenced
(*fme extended)^ withiu thrcc mouths and the cars run thereon within one
year from the passage of this act, except as otherwise ex-
pressly provided for, the authority hereby granted shall
Construction, bc void: Provided^ That said railroad shall be constructed
on such grade and in such manner as shall be approved by
the Commissioners of the District of Columbia.
Amendment. gjjc. 4. That Cougrcss rcscrvcs the right to alter, amend,
or repeal this act.
Approved, July 5, 1892.

Feb. 13, 1898. AN ACT to amend the charter of the Eckington and Soldier's Home
StaU.27 p. 444. Railway Company of the District of Columbia.

Be it enacted by the Senate and House of Representatives
Eckinp^ and o/ f ^ United Statcs of America in Congress a^sembledy That

r! k.^co. ^^^ the act to amend the charter of the Eckington and Soldier's
Home Railway Company, approved April thirtieth, anno

head wSSs SLtSDomini eighteen hundred and ninety, is hereby amended

1895. by substituting the word '^five" for the word *Hhree'' in

the last line of said act. And that the act to amend tbe
charter of the Eckington and Soldier's Home Bailroad Com-
pany, approved July fifth, eighteen hundred and ninety-
two, be amended in the first proviso by striking out the
word "twelfth'' therein and inserting in place thereof the
Extension to word '^ thirteenth," so that the proviso will read, ^^Frovided,

street^NK " that Until C and I> streets shall have been paved and pro-
vided with sewers to Fifteenth street the company shall not
be required to construct its road beyond Thirteenth street,
and that said company shall have authority to make con-
nection with D street from C. street through and along
Thirteenth street northeast." And in the fourth proviso
Horae power by Striking out the word *^horse" and inserting in lieu

aUowed. thcrcof the word "steam," so that the proviso will read,

Provided^ That steam power shall not be used on said line
for traction purposes, and that, if electric wires or cables
are used to propel its cars over any of the routes hereby
authorized within the limits of the city of Washington, the
same shall be placed under ground."

etraSfonext^d- ^^^ ^^ scctiou three, by striking out the words "one

ed. year," and inserting in lieu thereof the words "two years,"

so that the section, as amended, will read "That, unless said
extensions are commenced within three months, and the
cars run thereon within two years from the passage of this
act, except, as otherwise expressly provided for, the author-
ity hereby granted shall be void: Provided^ That said
Conatruction. railroad shall be constructed on such grade and in such
manner as shall be approved by the Commissioners of the
District of Columbia."

Approved, February 13, 1893,

LAWS EELATING TO STREET-RAILWAY FRANCHISES.

91

AN ACT to amend an act entitled "An act to incorporate the Wash- Angii8t23, 1894.
ington and Great Falls Electric Railway." (Also amending the «♦-♦- oo « 109
charter of the Eckington and Soldiers' Home Rail way Company. ) ' ^'

Sec. 5. That the Act to amend the charter of .the Bck- soWieS^H^e
ington and Soldiers' Home Eailway Company, approved R. R. co.
July fifth, eighteen hundred and ninety-two, is hereby
amended by striking out in Section one, beginning in line Routeamended.
six with the words, "Beginning at the intersection of" to
and including the words " point of beginning " in line twenty-
nine, and inserting in place thereof the following:

Beginning at the intersection of Fifth and G streets
northwest, east along G street to New Jersey avenue and
First street; thence south along First street northwest to
street northwest; thence east along C street (around the
south side of Stanton Square by single track) to Fifteenth
street northeast; thence north on Fifteenth street to D
street northeast; thence west on D street to Fourth street
northeast; thence south on Fourth street to street north-
east; thence west on street to JSTew Jersey avenue; thence
north on Kew Jersey avenue to D street northwest; thence
west on D street to First street, and to the point of begin-
ning; also beginning at the intersection of G street north-
west and New Jersey avenue, thence across New Jersey
avenue to and along G street to North Capitol street, thence
north on North Capitol street to New York avenue, con-
necting with the main line and the North Capitol street
branch; also beginning at the intersection of G and Fifth
streets northwest; thence south on Fifth street to Louisi-
ana avenue, thence along Louisiana avenue to Sixth street
west; thence south along Sixth street to B street north-
west; thence west on B street (over its own tracks for such
a distance as the Commissioners of the District of Columbia
shall determine) to a point to be located by the said Dis-
trict Commissioners near the east curb line of Seventh
street northwest, and returning by the same route to Fifth
street northwest.

Also by inserting in Section two after the word "hun- stock increased.
dred" the words, "and iifty.''

Also by inserting in Section three, as amended, after the Timeextended.
words "two years'' the words, "and three months."

Sec. 6. That Congress reserves the right at any time to Amendment.
alter, amend, or repeal this Act.

Approved, August 23, 1894.

AN ACT to extend the routes of the Eckington and Soldiers' Home Jane 10, 1896.
Railway Company and of the Belt Railway Company, of the District
of Colnmhia, and for other purposes.

Be it enacted hy the Senate and House of Representatives
of the United States of America in Congress assembled^ That Eckinetonand
within three months from the passage of this Act the|;^^^J5, ^^'^^
Eckington and Soldiers' Home Railway Company, and the
Belt lE^way Company, both of the District of Columbia,

92 LAWS RELATING TO STREET-RAILWAY FRANCHISES.

respectively, shall begin to equip those portions of their
respective lines which are situated within the boundaries
Shall equipiine of the clty of Washington with compressed-air motors. If
wi UifJT tb^il after a trial of three months the said compressed-air motors
months. shall, in the judgment of the Commissioners of the District

of Columbia, prove to be in all respects a proper and satis-
factory motive power for the speedy and convenient pro-
pulsion of street cars, then the said Commissioners are
hereby authorized and directed to issue to the said railway
companies, respectively, permits to equip their lines within
the District of Columbia with such compressed-air motors;
and within six months from the passage of this Act the
Shall cease use said railway compauics shall cease to use horsepower on
w^i t*h7n***Ifx any and all of their respective lines. In the event that the
months. g^id compresscdair motors shall not be approved as herein

provided for, then within eighteen months from the passage
of this Act the said companies, respectively, shall con-
Eiectric under- struct and put iuto full opcratiou on all their lines in the
Sr^ubstituw^f city of Washington the underground electric system. No
air motors prove extcnsiou of any of the lines in this Act provided for
""hoVs ©power shall bc Operated by horsepower: And provided furthery
exlli^onB^^^^^^^^ within thirty days from the passage of this Act cars

shall be regularly run over the existing tracks, beginning
at the intersection of G street and New Jersey avenue,
thence across New Jersey avenue to and along G street to
North Capitol North Capitol street, thence north on North Capitol street
be'^^iSter^' *** to T street, according to a schedule satisfactory to the Com-
missioners of the District of Columbia. Neglect or failure
to comply with the provisions of this section shall subject
the corporation so neglecting or failing to a penalty of fifty
dollars for each and every day during which such failure or
neglect continues, said penalty to be recovered by the Com-
missioners of the District of Columbia in any court of com-
petent jurisdiction.

Sec. 2. That the Eckington and Soldiers' Home Bailway
Company of the District of Columbia be, and the same
hereby is, authorized to lay down and operate a street rail-
way in th e city of Washin gton. District of Columbia, through
and along the following-named streets and avenues, to wit:
Extension on Beginning at the junction of Eighth and D streets north-
8th street east. ^^g^. ^hencc by doublc track south along Eighth street to
C street south; thence by single track as follows: west on
C street south to Seventh street east; thence south on Sev-
enth street east to M street south; thence east on M street
south to Georgia avenue; thence northeast on Georgia ave-
nue to Ninth street east; thence north on Ninth street east
to C street south ; thence west on C street south to Eighth
street east.
Sec. 3. That said Eckington and Soldiers' Home Bailway
stock^'^**^^ ®^ Company is authorized to increase its capital stock or to
Bonds. issue bouds for such amount as may be necessary to pay the

actual cost of constructing and equipping the extensions
hereinbefore authorized: Frorided, That the question as
to the amount to be provided for in connection with such
extension and the method of providing for the same,
whether by issuance of stock or bonds, shall be decided

LAWS RELATING TO STREET-RAILWAY FRANCHISES. 93

by a msyority in value of the stockholders at a meeting
to be called for the purpose aft^r reasonable notice; and
authority is hereby conferred upon said company, in case
of issuance of bonds, to make due conveyance of its cor-
porate franchises and property for the purpose of securing
the same: Provided^ however, That any such conveyance
by way of mortgage shall be subject to the prior lien al-
ready created by deed of trust dated June first, eight-
een hundred and ninety one, and recorded in liber fifteen
hundred and eighty, folio three hundred and twenty-seven
and following, of the land records of the District of Colum-
bia, which conveys all the real estate and franchises of
said railroad, as well as the line of said railroad now exist-
ing and such additions thereto at any time made, located,
extended, or constructed: And provided. That said Eck-
iugton and Soldiers' Home Eailway Company shall not issneiimitedto

^7 «/ L •/ cost oi GonHinip

have its stock and bonds outstanding at any one time totion and equip-
a greater amount than the actual cost of the construction '"®°**
and equipment of said railway; which actual cost shall
be ascertained by the supreme court of the District of
Columbia in such manner as the said court shall [)rescribe.

Sec. 4. That the Belt Eailway Company of the District
of Columbia be, and the same hereby is, authorized to lay
down and operate a double-track railway, with the neces-
sary switches and turn-outs, in the city of Washington,
District of Columbia, through and along the following-
named streets and avenues, to wit:

Beginning at Fourth and O streets northwest; thence Extension of
north on Fourth street west to Florida avenue ; thence north Droit Park?** ^*
crossing Florida avenue to Harewood street; thence along
Harewood street to Elm street; thence west along Elm
street to Linden street; thence north on Linden street to
Pomeroy street; thence west on Pomeroy street to the east
building line of Seventh street west extended.

Also beginning at the present terminus of the Belt Eail- ^v^Je®8ti^°t ^^
way on Water street, near N street south; thence south
along Water street to P street south by an extension of the
present tracks of the Belt Eail waj'^ ; thence by further exten-
sion of said tracks east along P street south to Delaware
avenue: Provided, That if there is not sufticient room for
two tracks on Water street without encroaching on tracks
already there, that the said Belt Line Eailway Company
shall i)urcha8e, at its own cost, sufficient ground to open
Water street from the terminus of its line as now located
along said projected route to P street.

Sec. 5. That the construction of the extensions hereby
authorized shall be completed within one year after the completion.
approval of this Act: Provided, That in case any one or
more of the said extensions shall not be completed and oper-
ated regularly within the time specified, then so much of
this Act as authorizes such uncompleted extensions shall
be void and of no effect.

Sec. 6. That said Belt Eailway Company is authorized to ^^i*. R«"^ay
increase its capital stock or to issue bonds for such amounts stock or issue
as may l)e necessary to pay the actual cost of constructing ^°^®*
and equipping the several extensions hereiubefoi^ vvMtAiQiv-

94 LAWS RELATING TO STREET-RAILWAY FRANCHISES.

ized : Provided, That the question as to the amount to be
provided for in connection with each extension and the
method of providing for the same, whether by issuance of
stocks or bonds, shall be decided by a majority in value of
the stockholders at a meeting to be called for the purpose
after reasonable notice; and authority is hereby conferred
upon said company, in case of issuance of bonds, to make due
conveyance of its corporate franchises and property for
the purpose of securing the same : Provided, however. That
any such conveyance by way of mortgage shall be subject
to the prior lien already created by deed of trust dated
July thirty-first, eighteen hundred and ninety-one, and re-
corded in liber sixteen hundred and six, folios one hundred
and ninety-seven and following, of the land records of the
District of Columbia, which conveys all the real estate and
franchises of said railroad, as well as the line of said rail-
road now existing and such additions thereto at any time
made, located, extended, or constructed : And provided^ That
Issue limited Said Belt Eailway Company shall not have its stock and
tocostofc 01^ bonds outstanding at any one time to a greater amount
equipment! ^^ than the actual cost of the construction and equipment of
said railway, which actual cost shall be ascertained by the
supreme court of the District of Columbia in such manner
as the said court shall prescribe.
Construction. Seg. 7. That such cxtcnsions of said railroads and each
of them shall be constructed on such grade and in such
manner as shall be approved by the Commissioners of the
District of Columbia.

Sec. 8. That it shall be lawful for said railway companies
and each of them, their and each of their successors or
assigns, to make all needful and convenient trenches and
ExcavationB. excavatious in any of said streets or places where said
companies, or either of them, may have the right to con-
struct and operate its road, and place in such trenches and
excavations all needful an d convenient devices for machinery
for operating said railroad in the manner and by the means
aforesaid. But whenever such trenches or excavations
shall interfere with any sewer, gas, or water pipes, or any
subways or conduits, or any public work of the kind which
has been ordered by the Commissioners, then the expense
necessary to change such underground construction sh^
be borne by the said railway company making such trench
or excavation.

Sec. 9. That each of the said corporations shall at all
times keep the space between their tracks and rails and
two feet exterior thereto in such condition as the Commis-
sioners of the District of Columbia or their successors may
direct; and whenever any street occupied by either of said
Paving. railways is paved and repaired or otherwise improved, the
said corporation shall bear all expense of improving the
spaces above described. Should either of the said corpora-
tions fail to comply with the orders of the Commissioners the
work shall be done by the proper officials of the District oif
Columbia, and the amounts due from such corporation shall
be collected as provided by section five of the Act entitled
^^An Act providing for a permanent form of goyemment

LAWS EELATING TO STREET-RAILWAY FRANCHISES. 95

for the District of Columbia," approved June eleventh,
eighteen hundred and seventy-eight.

Sec. 10. That every street-railroad corporation in the -Aji^aai report.
District of Columbia, and every such corporation which
shall hereafter be organized, shall, on or before the first
day of February in each year, make a report to each the
Senate and the House of Representatives, which report
shall be sworn to and signed by the president and treasurer
of such corporation, and shall cover the period of one year
ending the thirty-nrst day of December previous to the
date of making the report. Such report shall state the
amount of capital stock, with a list of the stockholders
and the amount of stock held by each ; the amount of cap-
ital stock paid in; the total amount now of funded debt;
the amount of floating debt^ the average rate per annum
of interest on funded debt; amount of dividends declared;
cost of roadbed and superstructure, including iron; cost of
land, buildings, and fixtures, including land damages; cost
of cars, horses, harness, and motors and other machinery;
total cost of road and equipment; length of road in miles;
length of double track, including sidings; weight of rail,
by yard; the number of cars and of horses; the number of
motors; the total number of passengers carried in cars;
the average time consumed by passenger cars in passing
over the road; repairs of roadbed and railway, including
iron, and repairs of buildings and fixtures; total cost of
maintaining road and real estate; cost of general superin-
tendence; salaries of officers, clerks, agents, and office
expenses; wages paid conductors, drivers, engineers, and
motor men; water and other taxes; damages to persons
and property, including medical attendance; rents, includ-
ing use of other roads; total expense of operating road,
and repairs; receipts from passengers; receipts from all
other sources, specifying what, in detail; total receipts
from all sources during the year; payments for maintenance
and repairs; payments for interest; payments for dividends
on stock, amount and rate per centum ; total payments dur-
ing the year; the number of persons injured in life and
limb; the cause of the injury, and whether passengers, em-
ployees, or other persons.

Sec. 11. That each of said companies shall receive a rate Fare.
of fare not exceeding five cents per passenger, and the
said companies, and each of them, shall make arrange-
ments with all existing railway companies in the District of
Columbia for the interchange of tickets in payment of fare
on its road: Provided, That within the limits of the district
of Columbia six tickets shall be sold for twenty-five cents.

Sec. 12. That Congress reserves the right to alter. Amendment,
amend, or repeal this Act. repeal, etc

Approved, June 10, 1896.

GBOBOETOWir AISTD TEIWALLYTOWir RAILWAY COMPAHY.

AN ACT to incorporate the Greorgetown and Tennally town Railway August 22, 1888.

Company of the District of Colambia. state 25 n 446

Be it enacted by the Senate and House of Representaii'ees
of the United States of America in Congress a^sembled^ That Georffotown
John W. Thompson, Kichard H. Goldsborough, William J. fo°wn '^R^"iway
Thompson, H^ury H. Dodge, W. K. Ryan, Osceola C. comply incor-
Green, and Norval W. Burchell, of the District of Oolum- ?d)? " '

bia; Arthur E. Bateman, T. W. Pearsall, and Harvey
Durand, of the city and State of New York ; and Nathan-
iel W. Bowe and John A. Coke, of the city of liichmond.
State of Virginia, and their associates, successors, and
assigns, be, and they are hereby, Qreated a body corporate
nnder the name of the Georgetown aud Tennally town, Bail-
way Company of the District of Columbia, with authority
to construct and lay down a single or double track railway,
with necessary switches, turn-outs, and other mechanical
devices for operating the same by cable or electric power Motive power.
for carrying passengers in the District of Columbia, from
the Potomac River near High street, to, aud along High
street in Georgetown to the Tennallytown road, but wholly Route.
outside of the limits of said road, and along the side of
the said road to the District line; also the privilege of
laying such conduits beneath tlie surface of Water street conduite.
for the purpose of conveying or communicating power from
any suitable point along said Water street to said High
street, as may be found necessary, and subject to the
approval of the Commissioners of the District of Columbia :
Providedj hoivever, That such conduits shall be laid so as
not to impair the surface of said Water street for traffic
and wagon travel. Whenever the foregoin g route or routes coinciding
may coincide with the duly authorized route or routes of ^*'"^'
other duly incorporated street railway companies in the
District of Colambia, either or both company may use the
said track when necessary; and in such case they may use
such tracks in common, upon such fair and equitable terras
as may be agreed upon by said companies ; and in the event
said companies fail to agree upon equitable terms, either
of said companies may apply by petition to the supreme
court of the District of Columbia, which shall hear and
determine the matter in due form of law, and adjudge to
the proper party the amount of compensation to be paid
therefor. Said corporation is authorized and empowered
to propel its cars on such other lines as it shall coincide
with by cable power or such other motive power as it is Motive power.
authorized to use to propel its own cars over the routes
prescribed in this act, and may repair and construct such

6175 7 ^

98

LAWS RELATING TO STREET-RAILWAY FRANCHISES.

portions of its road as may be upon the line or route, or
routes, of any other road thus used; and in case of any
disagreement regarding such construction or repairs with
any company whose line is thus used, such disagreement
may be heard and determined summarily upon the appli-
cation of either road to any court in said District having
common-law j urisdiction. Said company sh al I receive a rate

Fare. of fare not exceeding five cents for each passenger for any

distance between the termini of said railway, and shall sell
tickets in packages six for twenty-five cents. Said railway

Constraction. shall bc coustructcd of good materials and in a substantisd
manner, with rails of the most approved patern, the gauge
to correspond with that of other city railroads, all to be
approved by the Commissioners of the District of Colum-
bia. The tracks of said railway, the space between the

Paving. tracks, and two feet beyond tlie outer rails thereof, where
the streets are now paved, or shall hereafter be paved,
which this franchise is intended to cover, shall be at all
times kept by said corporation well paved and in good
order, and on streets and roads not paved said corporation
shall keep said tracks and the space between them in good
repair, at its own expense, and subject to the approval of
the District Commissioners. It shall be lawful for said
corporation, its successors or assigns, to make all needful

Excavations, aud couvcnient trenches and excavations in any streets or
places where said corporations may be authorized to con-
struct and operate its roads, and to place in such trenches
and excavations all the needful and conveiuent devices and
machinery for operating said railroad in the manner and by
the means aforesaid. It shall also be lawful for said cor-
poration, its successors, or assigns, to erect and maintain,
at such convenient and suitable points along the line as
may seem most desirable to the board of directors of said
corporation, and subject to the approval of the Commis-

Engine houses, sioucrs of thc Distdct, au eugiuehouse or houses, boiler-
house, and other buildings necessary for the successful
operation of such cable or electric railroad. The rate of

Speed. speed on said road shall not exceed twelve miles an hour,

under a penalty of fifty dollars, recoverable by the Com-
missioners of the District by suit in any court of compe-

Annuaireport. tent jurisdiction in the District of Columbia. Said com-
pany shall, on or before the fifteenth of January of each
year, make a report to Congress of the names of all the
stockholders therein and the amount of stock held by each,
together with a detailed statement of the receipts and
expenditures, from whatever source and on whatever
account, for the preceding year ending December the thirty-
first, which report shall be verified by affidavit of the presi-
dent and secretary of said company 5 and said company
shall pay to the District of Columbia, in lieu of personal
taxes for the next ensuing year four per centum of its gross
earnings upon traffic for the preceding year as shown by
said verified statement, which amount shall be payable to
the collector of taxes at the times and in the manner that
other taxes are payable, and subject to the same penalties
on arrears; and tbe franchise and property of said com-

etc.

Taxes.

LAWS RELATING TO STREET-RAILWAY FRANCHISES. 99

pany, both real and personal, to a sufficient amount, may
be seized and sold in satisfaction thereof, as may be pro-
vided bylaw for the sale of other property for taxes; and
said per centum of its gross earnings shall be in lieu of all
other assessments of personal taxes upon its property, used
solely and exclusively in the operation and management of
said railway.

Sec. 2. That the capital stock of said company shall be ^*p***^ ***>«^'
two hundred thousand dollars in shares of fifty dollars
each. Said company shall require the subscribers to the
capital stock to pay in cash to the treasurer appointed by
the coriK)rators the amounts severally subscribed, as fol- subscription,
lows, namely: Ten per centum at the time of subscribing,
and the balance of such subscriptions to be paid at such
times and in such amounts as the board of directors may
require, and no subscription shall be deemed valid unless
the ten i>er centum thereof shall be paid at time of sub-
scribing, as hereinbefore provided; and if any stockholder
shall refuse or neglect to pay any installments as afore-
said, or as required by a resolution of the board of direct-
ors, the board of directors may sell at public auction, to the
highest bidder, so many shares of his said stock as shall
pay said installment (and the highest bidder shall be taken
to be the person who offers to purchase the least number
of shares for the assessment due), under such general reg-
nlations as may be adopted in the by-laws of said company;
bat no stock shall be sold for less than the total assess-
ments due and payable; or said corporation may sue and
collect the same from any delinquent subscriber, in any
court of competent jurisdiction. The said company shall
place first-class cars on said railways, with all modern im- ^^^
provements for the convenience and comfort of passengers,
and shall run cars thereon as often as the public conven-
ience may require. And according to a published schedule
to be filed with the District Commissioners, and be approved
by them. The said company may buy, lease, or construct
l^Msenger rooms, ticket offices, workshops, depots, andj^o^a^et®"*^®'
buildings as they may deem necessary, at such points
along its line as may be approved by the Commissioners
of the District, and as the business of the railway and
the convenience of the public may require. Whenever
one-half of the said whole capital stock of said company
BO subscribed, as aforesaid, shall have been paid in, the
said corporation shall have the right to issue bonds to an ^"^'*-
amoant equal to half the stock subscribed, to be secured by
mortgage of its franchise and property, real and personal:
^<yMiedj That no larger amount of stock and bonds shall ^j^^*^^*^/ "^"^^
be issued than the actual cash cost of the construction and
equipment of the road: Providedj That the moneys raised
Ott said bonds shall be used and expended for the improve-
nient and completion of the said road, and not for the pur-
pose of repaying the said corporation for the moneys
expended by it on said road. Within thirty days after the
passage of this act the corporators named in the first sec-
tion, or a majority of them, or if any refuse or neglect to
^ tbeu a majority of the remainder, shall cau^^e^ ^qqVl^ ol

-^ '^- '•> ^- A. V

.- ^.^ ..> .* — X

100 LAWS RELATING TO STREET-RAILWAY FRANCHISES.

subscription to the capital stock of said company to be
Opening of opened and kept opened, in some convenient and accessi-

books. ble place in the District of Columbia, from nine o'clock in

the forenoon till five o'clock in the afternoon, for a jDeriod to
be fixed by said corporators, not less than two days (unless
thewholestock shall be sooner subscribed for) j andsaidcor-
porators shall give public notice, by advertisement in one or
more of the daily papers published in the city of Washing-
ton, of the time when and the place where said books shall
be opened ; and subscribers upon said books to the capital
stock of the company shall be held to be stockholders:
Payments. Provided^ That every subscriber shall pay, at the time of
subscribing, ten per centum of the amount by him sub-
scribed to the treasurer appointed by the cori)oratorfe', or
his subscription shall be null and void: Provided further^
That nothing shall be received in payment of the ten |)er
centum, at the time of subscribing, except lawful money
or certified checks from any established national banking-
house. And when the books of subscription to the capital
stock of said company shall be closed, the corporators and
in case any of them refuse or neglect to act, then a major-
ity of the remainder, shall, within twenty days thereafter.
Meeting of call the first meeting of the stockholders of said company,

stockholders. ^^ ^^^^ within ten days thereafter, for the choice of direc-
tors, of which meeting notice shall be given in a public
newspaper published daily in the city of Washington, and
by written i^ersonal notice to be mailed to the address of
each stockholder by the clerk of the corporation ; and in
all meetings of the stockholders each share shall entitle
the holder to one vote, to be given in person or by proxy.
Directors. Sec. 3. That the government and direction of the affairs

of the company shall be vested in the board of directors,
nine in number, who shall be stockholders of record, and
who shall hold their office for one year and until others are
duly elected and qualified to take their places as directors;
Officers. and the said directors (a majority of whom shall be a quo-

rum) shall elect one of their number to be president of the
company; and they shall also choose a vice-president, a
secretary, a.nd a treasurer, who shall give a bond, with
surety, to said company, in such sum as the said directors
may require for the faithful discharge of his trust. In the
Fining vacan- casc of a vacaucy in the board of directors by the death,

*^*®®* resignation, or otherwise of any director, the vacancy occa-

sioned thereby shall be filled by the remaining directors.
By-laws. The dircctors shall have power to make and prescribe such
by-laws, rules, and regulations as they shall deem needful
and proper touching the disposition and management of the
stock, property, estate and effects of the company, not con-
trary to the charter or to the laws of the United States and

ing °°"*^ ""^^^ ^^^® ordinances of the District of Colun)bia. There shall be

an annual meeting of the stockholders for choice of direct-
ors, to be held at such time and place, under such conditions,
and ui)on such notice as the said company in their by-laws
may prescribe; and said directors shall annually make a
report in writing of their doings to the stockholders and
to the Connnissioners of the District of Oolombia. Said

LAWS RELATING TO STREET-RAILWAY FRANCHISES. 101

company shall have at all times tbofree and uninterrupted ^^^^®® use of
nse of the railway; and if any person or persons shall will- ^^^ ^*^'
fully or mischievously, unnecessarily obstruct or impede
the passage of the cars of said railway with a vehicle or
vehicles, or otherwise, or in any manner molest or interfere
with passengers or operatives while in transit, or destroy
or injure the cars of said railway, or depots, stations, or
other property belonging to said railway, the person or
persons so oflending shall forfeit and pay for each offense
not less than twenty-five nor more than one hundred dol-
lars to said company, to be recovered as other fines and
penalties of said District, and shall remain liable, in addi-
tion to said penalty, for any loss or damage occasioned by
his or her or their acts as aforesaid. No person shall be
prohibited the right to travel on the cars of said road, or^Jf*'^"®^®^^"*"
ejected therefrom by the company's employees for any other
cause than of being drunk, disorderly, or contagiously dis-
eased, or for the use of obscene or profane language, refus-
iDg to pay the legal fare exacted, or to comply with the
lawful general regulations of the company. The said crossinga.
Georgetown and Tennallytowu Railway Company shall
have the right of way across such other railways as are
now in operation within the limits of the lines granted by
this act, and is hereby authorized to construct its said
road across such other railways : Provided j That it shall
not interrupt the travel of such other railways in such
construction. The i)rincipal office of said company shall
always be situated in the city of Washington, and all books
and i)apers relating to the business of said company shall
be kept thereat, and open at all times to the inspection of
the stockholders. The meeting of the stockholders and
directors shall be held at said office. The book in which
transfers of stock shall be recorded shall be closed for the
purpose of such transfer thirty days before the annual
election.

Sec. 4. That the said work shall commence within one and'SSS^piXn?
year from the i)assage of this act, and be completed its
entire distance, with switches and turn-outs, and with
cars running thereon for the accommodation of passengers,
within two years from the date of the passage of this act 5
otherwise this charter shall be null and void.

Sec. 5. That Congress hereby reserves to itself the right ^'"^"dinent.
to at any time alter, amend, or repeal this act.

Beceiyed by the President August 10, 1888.

[Note by the Department of State. — The foregoing
act haying been presented to the President of the United
States for his approval, and not having been returned by
him to the house of Congress in which it originated within
thetime prescribed by theConstitution of the United States,
has become a law without his approval.]

102 LAWS RELATING TO STREET-RAILWAY FRANCHISES.

March 24, 1890. AN ACT to amend an act to incorporate the Georgetown and Tennal-
Stat8.26 p. 29. lytown Railway Company of the District of Columbia, which be-
came a law August tenth, anno Domini eighteen hundred and eighty-
eight.

Be it enacted by the Senate and Kouse of Representatives of

Georgetown the United States of America in Congress assembledj That the

iuiiwly*compa* act entitled '^An act to incorporate the Georgetown and

Sf CoiumWa*"^*^^^^^^^y*^^^ Railway Company of tbe District of Colum-
" Loo"ation of bia'' be, and the same hereby is, amended, by substituting
*^vol'25, p. 446, after the words "and along High street, in Georgetown, to
amended.' ' the Tcnuallytown road" the words "and thence along and
in said road'' for the words "but wholly outside of the lim-
Provitot. its of said road and along the side of said road " : Provided,
ner wSs?" ^^ ^° That the inner line of rails shall be at the minimum distance

of eight feet from the center of the improved road- way:
ComraisBioners And provided further y That said railway shall be located on
toiocateraiiway. guch sido of the road way as may be indicated by the Com-
missioners of the District of Columbia.
Approved, March 24, 1890.

July 14. 1892. District appropriation hill, 1893.

Y- S. Stat. 27, ^^ ^, ^ ^ ^

p. 155.

Georgetown Provided, That the streets and avenues shall be completed

towii^Ry.'c*!^^ ^^ *^® order in which they appear in said schedules, except

shau pay for High strcct, SO far as the amount of money herein appropri-

ments to ^High atcd shall sufficc for the work, and one-half of the cost of

/ street. widening High street named in tbe Georgetown schedule

shall be charged to the Georgetown and TennaJlytown Rail-
way Company of the District of Columbia and collected
from said company in the same manner as the cost of laying
down pavements, sewers, and other work, or repairing the
same, lying between the exterior rails of the tracks of street
railways, and for a distance of two feet from and exterior
to such track or tracks on each side thereof, are collectible
under the provisions of section five of the act entitled "An
act providing a permanent form of government for the Dis-
trict of Columbia, approved June eleventh, eighteen hun-
dred and seventy-eiglif; and the act of August twenty-
second, eighteen hundred and eighty-eight, entitled "An
act to incorporate the Georgetown and Tennallytown Rail-
way Company of the District of Columbia," is hereby altered
and amended so as to authorize and require such charge

and collection.

* * • • •

Approved, July 14, 1892.

GEORGETOWH BAB6E, DOGE, ELEVATOE, AHD EAILWAT GOMPAHY.

AN ACT to incorporate the Georgetown Barge, Dock, Elevator, and sept.20, 1888.

Railway Company.

Stats.25, p. 492.

Be it enacted by the Senate and Souse of Representatives
of the United States of America in Congress assembled, That Georgetown
Anthony Hyde, William A. Gordon, Eobert B. Tenney,^gJ:,^i^RJ^}:
Henry H. Dodge, Morris J. Adler, Edward L. Dent, John A. yay ' ^'®"y*°y
Baker, John Marbnry, and Henry M. Sweeny, their associates "^'^'t*®™ •
and assigns, be, and they are hereby, created a body corpo-
rate under the name of the GeorgetoAvn Barge, Dock, Eleva-
tor, and Bail way Company, withauthority to build and main-
tain a dock or docks on the Potomac Eiver west of Eock
Greek, and to receive therein, and send therefrom, barges,
vessels, cargoes, and railway cars, from and to any points on
the Potomac Eiver and its tributaries and coastwise ; and to
oonstmct and maintain single or double track railways in
the city of Georgetown or West Washington, District of
Columbia, through and along Water street, beginning at a
point on the west side of the Aqueduct Bridge, through and Route.
along said Water street, under said bridge to the eastern ter-
minusof said Waterstreet at Eock Creek, with the privilege
of extending its tracks from the intersection of Water street
and Washington or Thirtieth street along Washington or
Thirtieth street to the Potomac Eiver, and from the inter-
section of Virginia avenue and Washington or Thirtieth
street along Virginia avenue to Eock Creek, with sidings,
turn-outs, turn-tables, and switches necessary for the deliv-
ery of cars to warehouses and depots along said streets;
and also to construct and maintain warehouses, depots,
and elevators in said city of Georgetown or West Wash- warehouRea,
ington, with the right to receive and dispatch boats and ^^^p****®**'-
freight of all kinds, and to run cars on said tracks, sidings,
switches, turn-outs, and turn-tables, i)roi)elied by steam,
horse, or electric power; and to charge and receive for the
use of the docks, railway, warehouses, depots, elevators,
and barges of said company, such rates as may be fixed
by the directors, with the approval of the Commissioners
of the District: Provided^ That when said lines coincide coinciding
with the duly authorized lines of any duly incorporated routes. -
street railway of the District of Columbia, said company
shall lay separate and independent tracks in the original
construction of the said lines whenever, in the judgment
of the Commissioners of the District of Columbia, it shall
be deemed by them possible and practicable so to do.
Whenever the foregoing route or routes may coincide with
theduly authorized routeor routes of any duly incorporated
street railway company in the District of Columbia, either
or both companies may use the same tracks, when, on

104

LAWS RELATING TO STKEET-RAILWAY FRANCHISES.

account of the width of the streets, or for other sufficient
reason, it shall be deemed by the Commissioners of the
District to be necessary; and in such case they may use
such tracks in common, upon such fair and equitable terms
as may be agreed upon by said companies; and in the
event said company fail to agree upon equitable terms,
either of said companies may apply, by petition, to the
supreme court of the District of Columbia, which shall
hear and determine the matter in due form of law, and
adjudge to the proper party the amount of compensation

ConRtruotion. to bc i)aid thercfor. Said railway shall be constructed of
good materials and in a substantial manner, with the rails
of American manufacture and of the most approved pat-
terns, laid upon an even surface with the pavement of
the street, with the gauge to correspond with that of the
Baltimore and Ohio and Baltimote and Potomac Railroad
Companies, all to be approved by the Commissioners of

Tracks. the District of Columbia. The tracks of said railway,

the space between the tracks, and two feet beyond the
outer rails thereof, which this franchise is intended to
cover, shall be at all times kept by said corporation well
paved and in good repair at its own expense and subject to
the approval of the Commissioners aforesaid. And if the
corporation shall fail to make the necessary repairs within
ten days after notice by the Commissioners, the repairs
shall be made by the Commissioners, and the cost of 8uch
repairs be recovered by the Commissioners before any court
of competent jurisdiction. It shall be lawful for said cor-
poration, its successors, or assigns, to operate its said road

Enginehouses, \)j steam, horsc, or electric power. It shall also be lawful
for said corporation, its successors, or assigns, to erect and
maintain, at such convenient and suitable points along its
lines as may seem most desirable to the board of directors
of said corporation, and subject to the approval of the
Commissioners of the District, an engine-house or houses,
boiler-house or houses, and all other buildings necessary
for the operation of a steam, horse, or electric motor rail-

Compietion, road. The main line of said road shall be completed within
two years from the passage of this act; and if work is not
commenced and x)rosecuted in good faith on the main line
in six months after the passage of this act, then the privi-
leges and powers gianted herein to said corporation shall
be void.

Sec. 2. That tlie capital stock of said company shall not

Capital stock, cxcccd fifty thousaud dollars and be not less than twenty-
five thousand dollars, in shares of fifty dollars each; but if
said company shall find it necessary to purchase or con-
struct barges and tug-boats then the s »id com)>any shall
have the right to issue additional stock or bonds, not ex-
ceeding fifty thousand dollars: Provided^ however y That no
bonds shall be issued hereunder until at least fifty per cen-
tum of the capital stock shall have been actually paid into
the treasury of the company npon stock subscriptions, and

Bonds. that no bonds shall be issued for a greater sum than the

sum actually paid into the treasury of the company u]>on

subaoiiptJons. 8tock subscriptious, AnA said company shall require the

etc.

LAWS RELATING TO STREET-RAILWAY FRANCHISES. 105

sebscribers to the capital stock to pay in cash, to the treas-
urer appointed by the corporators, the amounts severally
subscribed by them as follows, namely: Ten per centum
at the time of subscribing and five i>er centum each thirty
days thereafter until fifty per centum thereof shall have
been paid; the balance of such subscriptions to be paid at
such times and in such amounts as the board of directors
may require; and no subscription shall be deemed valid
unless the ten per centum thereof shall be paid at the time
of subscribing as hereinbefore provided; and if any stock-
holder shall refuse or neglect to pay any installment as
aforesaid, or as required by a resolution of the board of
directors after reasonable notice of the same, the said
board of directors may sell at public auction, to the high-
est bidder, so many shares of his stock as shall pay said
instsillment (and the person who oflPers to purchase the least
number of shares for the assessment due shall be taken a«
the highest bidder), and the sale shall be conducted accord-
ing to such general regulations as may be adopted in the by-
lawsof said company ; but no stock shall be sold for less than
tlie total assessments due and payable, or said body may
sue and collect the same from any delinquent subscriber in
any court of competent jurisdiction. The said company
shall buy, lease, construct, and maintain workshops, depots,
lands, and buildings as they may deem necessary at such
I)oints along its line as may be approved by the Commis-
sioners of the District, and as the business of the company
may require: Provided j That witliin thirty days after the organization.
passage of this act the corporators named in the first sec-
tion, their associates, successors, or assigns, or a majority
of them, or if any refuse or neglect to act, then a major-
ity of the remainder, shall cause books of subscription to
the capital stock of said company to be opened, and kept
open, in some convenient and accessible place in the Dis-
trict of Columbia, from nine o'clock in the forenoon till five
o'clock in the afternoon, for a i)eriod to be fixed by said
corporators, not less than ten days (unless the stock shall
be sooner subscribed; and said corporators shall give pub-
lic notice, by advertisement in two of the daily pa])ers
published in the city of Washington, of the time when and
the place where said books shall be opened; and subscrib-
ers upon said books to the capital stock of the company shall
be held to be stockholders : Provided^ Th at every subscri ber Payments o n
shall pay at the time of subscribing ten per centum of the******^^*
amount by him subscribed to the treasurer ai)pointed by the
corporators, or his subscription shall be null and void : Pro-
ridedfurtJierj That nothing shall be received in payment of
the ten i)er centum at the time of subscribing and the addi-
tional installments hereinbefore provided for, except lawful
nioneyorcertifiedchecksfrom any national bank; and when
the books of subscription to the capital stock of said com- MoetinR of
pauy shall be closed the corporators named in the first sec- »^'><^^^<>^***'™-
tion, their associates, successors, or assigns, or a majority
of them, and in case any of them refuse or neglect to act,
then a majority of the remainder shall, within twenty
dbays thereaiter, call the first meeting of the stockhold^rigi

106 LAWS RELATING TO STREET-RAILWAY FRANCHISES.

of said company, to meet within ten days thereafter, for
the choice of directors, of which public notice shall be
given for five days in two daily newspapers published in
the city of Washington ; and in all meetings of the stock-
holders each share shall entitle the holder to one vote, to
be given in person or by proxy.

Directora. Seo. 3. That the government and direction of the afifairs

of the company shall be vested in the board of directors,
seven in number, who shall be stockholders of record, and
who shall hold their office for one year, and until their suc-
cessors are duly elected and qualified; and the .directors (a
majority of whom shall be a quorum) shall elect one of their
number to be President of the board, who shall be presi-
dent of the company; and they also shall choose a vice-
president, a secretary, and a treasurer, who shall give a
bond, with surety, to said company, in such sum as the
said directors may require, for the faithful discharge of his
trust. In the case of a vacancy in the board of directors,
by the death, resignation, or otherwise, of any director, the
vacancy occasioned thereby shall be filled by the remaining

By-laws. dircctors. The directors shall have i)ower to make and
prescribe such by-laws, rules, and regulations as they shall
deem needful and proper, touching the disposition and man-
agement of the stock, property, estate, and effects of thecom-
pany, not contrary to the charterer to the lawsof the United
States and the ordinances of the District of Columbia.
There shall be an annual meetingof thestockholdersforelec-
tion of directors, to be held at such time and place, under such
conditions, and upon such notice as the said company in

Annual report, their by-laws may i^rcscribc; and said directors shall annu-
ally make a report, in writing, of their doings, to the stock-

^H^lt^^^^^^ ®^ holders. If any person or persons shall willfully, mischie-
vously, or unnecessarily obstruct or impede the passage of
the cars, engines, or barges of said company with a vehicle
or vehicles, or otherwise, or in any manner molest or inter-
fere with operatives while in transit, or destroy or injure
the tracks, barges, cars, or other i)roperty belonging to said
company, the person or persons so offending shall forfeit
and pay for each offense not less than twenty-five nor more
than one hundred dollars, to be recovered as other fines
and penalties of said District, and shall remain liable, in
addition to said penalty, for any loss or damage occasioned

Regaiationsby by his or her or their acts as aforesaid. That the Gommis-
commiBsioners. gio^jers of the Distrfct shall make such reasonable regula-
tions as maybe deemed proper to prevent the said railroad
company from obstructing any of the streets the tracks of
said company may cross, and for the violation of said reg-
ulations the said company shall be subject to a penalty not
exceeding one hundred dollars, to be recovered in any court

ofRije. of competent jurisdiction. The jmncipal offices of said

company shall always be situated in the city of Washing-
ton, and all books and papers relating to the business of
said company shall be kept thereat and open at all times
to the inspection of the stockholders. The meeting of
stockholders and directors shall be held at said office.
The book in which transfers of stock shall be recorded

LAWS RELATING TO STREET-RAILWAY FRANCHISES. 107

shall be closed for tbe purpose of such transfer thirty
days before the annual election.

Sec. 4. That each stockholder in the said company shall gt^thoiiera^ ^^
be individually liable for all the debts and liabilities of* ^ *"*
said company to the amount of the par value of the stock
held by such stockholder, until the same shall have been
ftilly paid up.

Sec. 5. That the said company shall, on or before the fif- Annual report.
teenth day of January of each year, make a report to Con-
gress of the names of all the stockholders therein, and the
amount of stock held by each, together with a detailed state-
ment of the receipts and expenditures from whatever source,
and on whatever account, for the preceding year ending De-
cember the thirty- first, which report shall be verified by the
affidavit of tbe president and secretfiry of the company, and
if said report is not made at the time specified, or within
ten days thereafter, it shall be the duty of the Commis-
sioners to cause proceedings to be instituted to forfeit this
charter; and said company shall pay to the District of Taxes.
Colombia, as taxes for each year, five per centum of its
gross earnings for the preceding year, as shown by said
verified statement, which amount shall be payable to the
collector of taxes at the times and in the manner that other
taxes are now due and payable, and subject to the same
X>enalties on arrears; and the franchise and property of
said company, both real and personal, may be seized and
sold in satisfaction thereof, as now provided by law for the
sale of other property for taxes; and said per centum ot
its gross earnings shall be in lieu of all other assessments
of t^xes of whatsoever character upon its personal prop-
erty, including its docks and barges, cars, and motive power,
but the real estate of the company may be taxed as other
real estate in the District: Provided, That the tracks of
the company shall not be taxed as real estate.

Sec. G. That tUe water front at the end of all public water front of
streets and highways shall be and remain open to the use ®*'*®***
of the public.

Sec. 7. That this act may at any time be altered, amended. Amendment.
or rejiealed by the Congress of the United States.

Approved, September 26, 1888.

MARTLAKD AlTD WASHTNGTOIT RAUWAT GOMPAHT.

AN ACT to incoriwrate the Maryland and Washington Railway Angast l, 1892.

Company. Stats. 27. p. 341.

Be it enacted by the Senate and Souse of Representatives ^, , , ,
of the United States of America in Congress assembled^ That Washington
Abram P. Fardon, J. Heury Small, junior, Wright Kives, ^^5;^*>'^^o^™:
Bedford W. Walker, Louis D. Wiue, John O. Johnson, rated (amended).
Charles A. Wells, Joseph A, Blundon, A. O. Bliss, Edwin
A. Newman, Van H. Manning, Wallace A. Bartlett, Ellis
Speare, Benjamin D. Stephen, I). M. Nesbit, P. A. Scaggs,
Francis H. Smith, W. Clarence Duvall, Filinore Beall, and
their associates, successors, and assigns are hereby cre-
ated a body corporate by the name, style, and title of the
" Maryland and Washington Bail way Company," and by
that .name shall have perpetual succession, and shall be
able to sue and be sued, plead and be impleaded, defend
and be defended, in all courts of law and equity within
the United States, and may make and have a common seal.
And said corporation is hereby authorized to construct
and lay down a single or double track railway, and if it
shoald construct and lay down a single-track railway with
the right subsequently to change the same to a double-track
railway, as may be approved by the Commissioners of the
District of Columbia, with thenecessary switches, turn-outs,
and other mechanical devices, through and along the fol-
lowing routes, to wit: Beginning at the point where Bhode Koute (extend-
Island avenue of the city of Washington if extended in its * ^'
I)resent course would intersect Fourth street nbrtheast, as
extended due north, and running thence with and along
said Bhode Island avenue as thus extended, or adjacent
thereto, to a point at or near the point of intersection of
said Bhode Island avenue with the northeast boundary
line of the Di.strict of Columbia : Prorided^ That all of the subject to np.
routes herein mentioned shall be subject to the approval ofm^Itonera.^**"
the Commissioners of the District of Columbia: Provided
further J That whenever the lines of the said company shall
cross any steam railway they shall cross by an overhead
bridge or beneath the tracks of said railway, as may be
approved by the Commissioners of the District of Colun)bia.

Sec. 2. That said company may run public carriages pro- Motive p«wer.
pelled by cable, electric, or other mechanical power, sub-
ject to the approval of the said Commissioners, but nothing
in this act shall allow the use of steam power in locomotives :
Provided further J That for the purpose of making a contin-
uous connection the said com])any shall have the right to
cross all streets, avenues, and highways that may be nee- croMsingH.
essary for the purpose.

110 LAWS RELATING TO STREET-RAILWAY FRANCHISES.

Fare. Sec. 3. That Said company shall receive a rate of fare

not exceeding five cents per passenger for any continnoas
ride over its line within the District of Columbia; and the
said company may niake arrangements with all existing
railway companies in the District of Columbia, for the inter-
change of tickets in payment of fare on its road: Providedy
That six tickets shall be sold for twenty-five cents within
the District limits.

Annual report, g^^^ ^ rpj^j^^ g^^i^j company shall, ou or before the fif

teenth of January of each year, make a report to Congress,
through the Commissioners of the District of Columbia, of
the names of all the stockholders therein, the amount of
stock held by each and the amount paid thereon, together
with a detailed statement of the receipts and expendi-
tures, from whatever source and on whatever account,
for the preceding year ending December the thirty-first,
and such other facts as may be required by any general
law of the District of Columbia, which report shall be
verified by affidavit of the president and secretary of said
company, and, if said report is not made at the time speci-
fied, or within ten days thereafter, such failure shall of
itself operate as a forfeiture of this charter, and it shall be
the duty of the Commissioners to cause to be instituted
proper judicial proceedings therefor; and said company
shall pay to the District of Columbia, in lieu of personal
Taxea. taxcs upou pcrsoual property, including cars and motive

power, each year, four per centum of its gross earnings,
which amount shall be payable to the collector of taxes, at
the times and in the manner that other taxes are now due
and payable, and subject to the same penalties on iarrears;
and the franchise and property of said company, both
real and personal, to a sufficient amount may be seized and
sold in satisfaction thereof, as now provided by law for the
sale of other property for taxes; and said four per centum
of its gross earnings shall be in lieu of all other assessments
of personal taxes upon its property used solely and exclu-
sively in the operation and management of said railway.
Its real estate shall be taxed as other real estate in the
District : Provided, That its tracks shall not be taxed as
real estate.

(sS* s^amendlSr ^^^' ^' ^^^* ^^® ®^^^ railway shall be constructed of good
' materials^ and in a substantial and durable manner, with
the rails of the most approved pattern, all to be approved
by the Commissioners of the said District, laid upon an
even surface with the pavement of the street, and the gauge
to correspond with that of other city railways. Wherever
more than one of the tracks of said railroad company shall
be constructed on any of the public highways in the Dis-
trict of Columbia, the width of the space between the two
tracks shall not exceed four feet.
Paving. seo, 6. That the said corporation hereby created shall

be bound to keep said tracks, and for the space of two feet
beyond the outer rails thereof, and also the space between
the tracks, at all times in sucli good order as the Commis-
sioners of the District of Columbia may require, wherever
it 8hall run over streets, avenues, and highways, subject to

LAWS RELATING TO STREET-RAILWAY FRANCHISES. Ill

the approval of the said Commissioners, without expense
to the United States or the District of Columbia.

Sec. 7. That nothing in this act shall prevent the Dis- »"»«*«»•
triet of Columbia, at any time, at its option, from altering
the grade or otherwise improving all avenues and streets
and highways occupied by said road, or from so altering
or improving such streets and avenues and highways, and
the sewerage thereof, as may be under its authority and
control 5 and in such event it shall be the duty of said com-
pany to change its railroad so as to conform to such grade
as may have, been thus established.

Sec. 8. That it shall be lawful for said corporation, its^t^"*^***^^'*"^
successors, or assigns, to make all needful and convenient amended)?
tnmches and excavations in any of said streets or places
where said corporation may have the right to construct and
ox>erate its road, and place in such trenches and excava-
tions all needful and convenient devices and machinery for
operating said railroad in the manner and by the means
i^oresaid, subject to the api^roval of the said Commission-
ers. But whenever such trenches or excavations shall
interfere with any sewer, gas, or water pipes, or any sub-
ways or conduits, or any public work of the kind which has
been ordered by the Commissioners, then the expense nec-
essary to change such undergi*ound constructions shall be
borne by the said railway company.

Sec. 9. That it shall also be lawful for said corporation, ^^J**^®"^ houses,
its successors or assigns, to erect and maintain at such con-
venient and suitable points along its lines as may seem
most desirable to the board of directors of the said corpora-
tion, and subject to the approval of the said Commissioners,
an engine house or houses, boiler house and all other build-
ings necessary for the successfiil operation of a cable motor,
electric, pneumatic, or other railroad.

Sec. 10. That it shall not be lawful for said corporation, ^p*®^
its successors, or assigns, to propel its cars over said rail-
road, or any part thereof, at a rate of speed exceeding that
which may be fixed from time to time by the said Com-
missioners, and for each violation of this provision said
grantees, their successors, or assigns, as the case may be,
shall be subject to a penalty of fifty dollars, to be recovered
in any court of competent jurisdiction at the suit of the
Commissioners of the District of Columbia.

Sec. 11. That the line of said railway company, from thei„e^„?"J^®^';S:
point of beginning herein named to a point at or nearpi®tion.
the intersection of Ehode Island avenue extended and the
northeast boundary of the District of Columbia, shall be
commenced within six months and completed within twenty-
four months from the passage of this act.

Sec. 12. That the said company is hereby authorized to ^'»p**»^»*o«^-
issue its capital stock to the amount of the actual cost of
construction, equipment, and purchase of right of way and
ground necessary for its proper working, and not to exceed
in all the sum of two hundred thousand dollars. Said
company shall require the subscribers to the capital stock
to pay in cash to the treasurer appointed by the corpo-
rators the amounts severally subscribed by them, as fol-

112 lAWS RELATING TO STREET-RAILWAY t'RANCHlSES.

lows, namely: Ten per centum at the time of subscribing
and the balance of such subscription to be paid at such
times and in such amounts as the board of directors may
require; and no subscription shall be deemed valid unless
the ten per centum thereof shall be paid at the time of
subscribing as hereinbefore provided, and no assessment
exceeding ten per centum to be made at any one time; but
at least fifty per centum of the entire stock subscribed
shall be paid within six months from the date of subscrip-
tion, and the whole amount shall be paid within two years
from said date; and if any stockholder shall refuse or neg-
lect to pay any installment as aforesaid, or as required by
the resolution of the board of directors, after reasonable
notice of the same, the said board of directors may sell at
public auction, to the highest bidder, so many shares of
his stock as shall pay said installments, and the person
who offers to ])urcha8e the least number of shares for the
assessment due shall be taken to be the highest bidder,
and such sale shall be conducted under such general regu-
lations as may be adopted in the by-laws of said company;
but no stock shall be sold for less than the total assess-
ments due and payable, or said corporation may sue and
collect the same from any delinquent subscriber in any
court of competent jurisdiction.
Meeting of in- Qeo. 13. That withiu thirty days after the passa^ of this

iSameuS. Z"**^*^' act corporators named in tlie first section, their associ-
ates, successors, or assigns, or a majority of them, or, if any
refuse or neglect to act, then a majority of the remainder,
shall meet a^ some convenient and accessible place in tlie
District of Columbia for the organization of said company,
and for the receiving subscriptions tothe capital stock of the
company : Provided, That every subscriber shall pay at the
Payment of time of Subscribing, ten per centum of the amount by him

subscriptions, g^i^gcribcd to the treasurer appointed by the corporators,
or his subscription shall be null and void : Provided further y
That nothing shall be received in payment of the ten per
centum at the time of subscribing except lawfal money, or
certified checks from any established bank. And when the
books of subscription to the capital stock of said company
shall be closed the corporators named in the first section,
their associates, successors, or assigns, or a majority of them,
and in case any of them refuse or neglect to act, then a
majority of the remainder, shall, within twenty days there-

^"^.^.^W^e of after, call the first meeting of the stockholders of said com-
pauy to meet within ten days thereafter for the choice of
directors, of which public notice shall be given for five days
in two daily newspapers published in the city of Washing-
ton, and by written personal notice to be mailed to the
address of each stockholder by the clerk of the corporation ;
and in all meetings of the stockholders each share shall
entitle the holder to one vote, to be given in person or by

forbidd^^u^**^"" proxy : Provided, That it shall be unlawful for the company
hereby incorporated to consolidate with any other railroad
company now in existence, or which may hereafter be char-
tered, and any such consolidation shall of itself operate as
a forfeiture of this charter. And it shall be unlawftil for

LAW8 RELATING TO STREET-RAILWAY FRANCHISES. 113

th<e franchise hereby granted to be sold or transferred to
any individnal or corporation before the road shall have
been constructed and equipped for business.

Bbo. 14. That the said company shall place first-class Equipment.
cars on said railway, with all modern improvements for the
convenience and comfort of passengers, and shall run cars
thereon as often as the public convenience may require;
the time- table or schedule oi time to be api)roved by the
said Commissioners of the District of Columbia.

Seo. 15. That the company shall buy, lease, or construct Passenger
such |>assenger rooms, ticket offices, workshops, depots, IHSfendtd)!'***''
lands, and buildings as they may deem necessary, at such
points on its line as may be approved by the said Com-
missioners.

Sec. 16. That all articles of value that may be inad- Articles left in
vertently left in any of the cars or other vehicles of the
said company shall be taken to its principal depot and
entered in a book of record of unclaimed goods, which book
shall be open to the inspection of the public at all reason-
able hours of business.

Sec. 17. That tiie government and direction of affairs of i>irector8.
the company sltall be vested in a board of directors, nine
in number, who shall be stockholders of record, and who
shall hold their office for one year, and until others are
duly elected and qualified to take their places as directors;
and the said directors (a majority of whom shall be a quo-
rum) shall elect one of their number to be president ot* the officers.
board, who shall also be president of the company, and they
shall also choose a vice-president, a secretary, and treas-
urer, who shall give bond with surety to said company in
such sum as the said directors may require for the faithM
discharge of his trust. In case of a vacancy in the board of
directors by the death, resignation, or otherwise of any
director, the vacancy occasioned thereby shall be filled by
the remaining directors.

Sec. 18. That the directors shall have the power to make Bylaws-
and prescribe such by-laws, rules and regulations as they
shall deem needful and proper touching the disposition and
management of the stock, property, estate, and effects of
the company, not contrary to the charter or to the laws
of the United States and the ordinances of the District of
Columbia.

Sec. 19. That there shall be at least an annual meeting . Annual meet-
of the stockholders for choice of directors, to be holden at *°^'
such time and place, under such conditions, and upon such
notice as the said company in their by-laws may prescribe;
and said directors shall annually make report in writing of
their doings to the stockholders.

Seo. 20. That the said company shall have at all times ^j[«« «"« «'
the free and uninterrupted use of its roadway, and if any ^*^*
person or persons shall willfully, mischievously, and unnec-
essarily obstruct or impede the passage of cars of said rail-
way company with a vehicle or vehicles, or otherwise, or
in any manner molest or interfere with passengers or oper-
atives while in transit, or destroy or injure the cars of said
railway, or depots, stations, or other i)roperty belonging to
6176 8

cars.

114 LAWS RELATING TO STREET-RAILWAY FRANCHISES.

said railway company, the person or persons so oflfending
sliall forfeit and pay for each such offense not less than
twenty-five nor more than one hnndred dollars to the Dis-
trict of Colnmbia, to be recovered as other fines and pen-
alties in said District, and shall remain liable to the said
company, in addition to said penalty, for any loss or damage
occasioned by his or her or their act as aforesaid ; but no
suit shall be brought unless commenced within sixty days
after such offense shall have been committed.
Crossings. sec. 21. That the said Maryland and Washington Eail-

way Company shall have tne right of way across such other
railways as are now in operation within the limits of the
lines granted by this act, and is hereby authorized to con-
struct its said road across such other railways : Provided^
That it shall not interrupt travel of such other railways in
such construction.
lyeotion from Seo. 22. That uo pcrsou shall be prohibited the right to
travel on any part of said road or ejected from the cars by
the company's employees for any other cause than that of
being drunk, disorderly, unclean, or contagiously diseased,
or refusing to pay th^ legal fare exacted, or to comply with
the lawful general regulations of the company.
Amendment. Sec. 23. That this act may at anytime be altered, amended,
or repealed by the Congress of the United States.

^sec. 24 amend- §^0. 24. That iu the cvcut that the company should not
be able to come to an agreement with the owner or owners
of any land through which the said road may be located to

proc^lngs**^^" pass, proceedings for the condemnation for the use of the

company of so much of said land as may be required, not
exceeding fifty feet in width, with necessary slopes, and
one hundred and thirty feet in width in the fine of Rhode
Island avenue extended, may be instituted in the usual way
in the supreme court of the District of Columbia, under
such rules and regulations as said court may prescribe for

Rhode^island®^^^ purposcs: Provided, That tbe extension of Rhode

avenue. Islaud avcuuc herein authorized, whether acquired by con-

demnation or otherwise, shall be dedicated to the public
use in the same manner and subject to the same regulations
and control that apply to other streets and avenues in the
District of Columbia occupied by street railways.

Approved, August 1, 1892.

Auga8t23,i894. JOINT RESOLUTION to extend the charter of the Maryland and
~St^8728;;^r59o; Washington Railway Company,

Resolved by the Senate and House of Representatives of

Maryland and the United States of America in Congress dssemhled, That

Co?** *" ^* the time for building and completing the railway provided

for iu an Act entitled "An Act to incorporate the Maryland

and Washington Kailway Company," approved August

first, eighteen hundred and ninety-two, be, and the same

Charter ex- is hereby, extended six months from and after the first day

ten ed. ^^ August, eighteen hundred and ninety-four.

Approved, August 23, 1894,

J

LAWS RELATING TO STREET-RAILWAY FRANCHISES. 115

AN ACT to ameud an act entitled ''An act to incorporate the Mary- March 2, 1895.
land and Washington Railway Company," approved August first, state 28 i> 718
eighteen hnnded and ninety-two, and for other purposes. • i P-

Be it enacted by the Senate and House of Representatives
of the United States of America in Congress assembled^ That Marviand and
section five of the Act entitled "An Act to incorporate the c'o*.^, c Kt^er
Maryland and Washington Railway Company,'' approved an>e°^®^-
Aagust first, eighteen hundred and ninety-two, be, and it is
hereby, amended so as to read as follows:

"Sec. 5. That the said railway shall be consti'ucted of construction.
good materials and in a substantial and durable manner,
with the rails of the most approved pattern, all to be ap-
proved by the Commissioners of said District, laid upon
an even surface with the pavement of the street, and the
gauge to correspond with that of other railways in the Dis-
trict of Columbia. Wherever more than one of the tracks
of said railway company shall be constructed in any of the
public highways in the District of Columbia, the width of
the space between the two tracks shall not be less than five spac^ between
feet. The plans of construction, rails, electrical and me-*™^^'*
chanical appliances, conduits and stations, and location of
stations and tracks shall be subject to the approval of the
Commissioners of the District of Columbia."

That section eight of said Act be, and is hereby, amended
so as to read as follows:

Sec. 8. That it shall be lawful for said corporation, its
successors or assigns, to make all needful and convenient
trenches and excavations in any of said streets or places Trenches, etc.
where said corporation may have the right to construct and
operate its road, and place in such trenches and excava-
tions all needfal and convenient devices and machinery for
operating said railway in the manner and by the means
aforesaid, subject to the approval of the said Commission-
ers. But whenever such trenches or excavations shall
interfere with any sewer, gas, or water pipes, or any sub-
ways or conduits or any public work of the kind which has
been ordered by the Commissioners, then the expense neces-
sary to change such underground constructions shall be
borne by the said railway company. And the said company
shall be liable for any damage to pipes or other underground de?.^o^d*con.*
constructions, caused by the passage of its cars over the stmctions.
same or by electric currents used in the propulsion of its
cars.

That section thirteen of said Act be, and it is hereby,
amended to read as follows :

'*Seo. 13. That within thirty days after the passage of^^^«J^j?;»**«°*»^
this Act the corporators named in the first section, their
associates, successors, or assigns, or a majority of them, or
if any refuse or neglect to act then a majority of the
remainder, shall meet at some convenient and accessible
place, in the District of Columbia, for the organization of said
company, and for the receiving subscriptions to the capital
stock of the company: Provided^ That every subscriber subscription to
shall pay, at the time of subscribing, ten per centum of the ®^^-
amount by him subscribed to the treasurer appointed by the

116 LAWS RELATING TO STREET-RAILWAY PRAKCHISEB.

corporators, or his subscription shall be null and void : Pro-

To be whoUy vided^ That the full face value of said stock shall be wholly
SSeVew. ^^^^^ paid for iu cash within twelve mouths after the subscription

stwk not to be therefor is made, and after twelve mouths no stock shall
vote unessp ^^ yotcd uulcss the samc has been wholly paid for: And

stock ftkau heprovidcdj That the said stock shall be wholly paid for be-
befow brads are fore auy bouds shall be issued: Provided further^ That
issued. nothing shall be received in payment of the ten per centum

at the time of subscribing except lawful money, or certified
checks Irom auy established bank. And when the books
of subscription to the capital stock of said company shall
be closed the corporators named in the first section, their
associates, successors, or assigns, or a majority of them, and
in case any of them refuse or neglet to act then a majority
of the remainder, shall, within twenty days thereafter, call

Meeting of cor- the first meeting of the stockholders of said company to
porators. mcct withiu tcu days thereafter for the choice of directors,

of which public notice shall be given for five days in two
daily newsp.apers published iu the city of Washington, and
by written personal notice to be mailed to the address of
each stockholder by the clerk of the corporation ; and in all
meetings of the stockholders each share shall entitle the
holder to one vote, to be given by i>erson or by proxy.''

That section fifteen of said Act be, and is hereby, amended
so as to read as follows :

Buildings, pas- " Sec. 15. That the said^ company is authorized to erect
senger houses, ^^^^ maintain, subject to the approval of the Gommissioners

of the District of Columbia, the power houses and buildings
necessary to the operation of its road, and shall furnish and
maintain, as required by said Commissioners, passenger
houses and transfer stations; failure to furnish and main-
tain such passenger houses and transfer stations shall
render said company liable to a fine of twenty-five dollars
for each and every day of such failure, after reasonable
notice, said fine to be recovered in any court of competent
jurisdiction at the suit of the Commissioners of the District
of Columbia."

That section twenty-four of said Act be, and is hereby,
amended so as to read as follows :

Opening Rhode *'Sec. 24. That iu the cvcut that Ehode Island avenue
Island are. giiall uot havc bccu extended, and said company shall not
be able to come to an agreement with the owner or owners
of any land through which the said road may be located to
pass for the purchase or dedication of so much land as may
be necessary for the opening of Rhode Island avenue, then
the said company may institute proceedings for the con-
demnation of so much land as may be required for the exten-
sion of the aforesaid avenue: Provided, That the strip of
land so to be acquired by condemnation shall be one hun-
dred and thirty feet in width, and shall be located according
to theofficial plats for the extension of lihode Islandavenue:
And provided further, That all the land within the lines of
the proposed extension ot Rhode Island avenue which shall
be acquired by said Maryland and Washington Railway
Company, either by purchase or condemnation, shall, by
0i>propriate conveyance, be dedicated, before tTf^^k^ are toid

LAWg BELATINO TO STRfiET-RAlLWAY FRANCHISES. 117

therein, by said Maryland and Washington Eailway Com-
pany as an extension of Ehode Island avenue to the extent
of the land so acquired.

" Such proceedings may be instituted and conducted by -S^°*°**^®"
the coDix>any in the supreme court of the District of Colum- ^ ^^'
bia, holding a special term as a district court, and shall be
commenced byai)etition of the company for the condemna-
tion of such land as has not yet been purchased or dedi-
cated and for the ascertainment of just compensation for
the taking of such land for the purposes aforesaid.

"Such i>etition shall contain a particular description of ^.^^°*®°* ®^p®-
the property not so purchased or dedicated and selected
for the use aforesaid, Trith the names of the respective
owners thereof and their residences, so far as the same may
be ascertained, together with a plan of the land pi*oposed
to be taken ; and thereupon tl>e said court is authorized
and required to summon all such owners and all other
persons interested to appear in said court at a time to be
fixed by aaid court. If it shall appear to the court that
there are any owners or other persons interested who are
nonresidents of the District of Columbia publication may
be substituted for i)ersonal service of process upon such
nonresident, after any summons has been returned *not to
be found,' in the same manner as is provided by law with
reference to nonresident defendants in actions of ejectment;
and if it shall appear that there are any persons under dis-
ability, either who have been served with process or who
have been proceeded against by publication, the court shall
appoint a guardian ad litem for such x>ersons.

*' After all the parties interested have been served ^'^hi ^^^p^™^^ ^
process or proceeded against by publication, as aforesaid, coart!^"* ^
the court shall, upon the return day stated in said process
or order of publication, proceed to appoint three compe-
tent and disinterested i)ersons commissioners to appraise
the damages which the owner of the land taken may sus-
tain by such appropriation. The commissioners shall be
duly sworn, and they shall consider the damages which
such owner may sustain by reason of the appropriation by
such railway company of the land proposed to be taken for
the purposes aforesaid, and shall fortliwith return their
assessment of such damages to the clerk of tlie court.

**That when the use of a part of any i>arcel or tract of
land shall be condemned in such proceedings the commis-
sioners in assessing the damages therefor shall take into
consideration the benefit of the purpose for which it is taken co^ST^/** ^
may be to the owner or owners of such tract or parcel by
enhancing the value of the remainder of the same and shall
make their award accordingly, and the court may require
in such caae that the damages and benefits shall be found
and stated separately, and when the award shall have been
confirmed by the court said company, unless an appeal is
taken, shall make a payment of the amounts awarded to the ^^Jj^ ® ° * ^^
resfieetive owners thereof, according to the judgment of the
court; and in case any of such persons are under disability
or can not be found, and no i)erson is authorized to receive
the said award, or in case any person entitled to an award

118 LAWS RELATING TO STREET-RAILWAY FRANCHISES.

shall neglect to receive the same, or in case an appeal shall
be taken concerning an award, then the money to be paid
on account of such award shall be deposited in the registry
of the court to abide its further order ; and when such pay-
ments are made or the amounts belonging to persons to
whom payment shall not so be made for any of the aforesaid
reasons are so deposited, the use of said land shall be deemed
to have been condemned and taken for the use of said rail-
way company, an d no appellate proceedings or controversies
as to ownership shall interfere with or delay said company
in taking possession of the land so condemned after payment
therefor as above provided ; but when any award shall have
been approved by the said court holding a special term as
aforesaid, the said company shall be entitled to take imme-
diate possession of the parcel of land, in regard to which
said awardhas been approved andpaymentordeposit made,
and the court sh all enforce such right of possession by proper
order and process addressed to the marshal of the United
Appeal from Statcs for the District of Columbia. Anyparty aggrievedby

ecisiono conr . ^^^ ^j^qI ordcr or dccrec of said court, in special term afore-
said, fixing the amount of damages as to any parcel of land
may take an appeal therefrom to the court of appeals of the
District of Columbia in the manner now provided by law.
And said court of appeals may affirm, reverse, or modify the
order or decree appealed from: Fravidecl, That said court
of appeals shall consider only questions of law arising on
such appeal. From the final decree of said court, in special
terms as aforesaid under this Act, distributing the damages
among contending claimants, any party aggrieved may, in
like manner, take an appeal to said court of appeals. Any
appeal under this Act shall be taken within twenty days
after the making of the final order or decree appealed from,
and not afterwards, and shall be subject to existing laws
and rules of court regulating appeals to said court of
These cases appeals. Cascs arising undcr this Act shall have prece-

lince.*^ ^''^^^' dence over all other business in said court, in special term,
and shall have precedence in said court of appeals over all
other cases, except criminal cases ; and the decision of said
court of appeals upon any questions arising under this Act
shall be final.''

Sec. 2. That for the purpose of constructing and equip-
ping its said railway, and acquiring rights of way as pro-
vided for in this Act, the said Maryland and Washington
Eailway Company is hereby authorized and empowered to
issue its bonds to aid in paying for such construction and
Bonds author- equipments and rights of way, and secure the said bonds

i^ed. i^y mortgage or deed of trust of its franchises, rights of

way, and all of its property of whatsoever kind, whether
real or personal: Provided^ That the moneys raised on said
bonds shall be used and expended only for the purposes
aforesaid : And provided further ^^ That the amount of said

aiS^bondV^^ ^^^^'^ ^"^ stock shall not exceed the cost of the construc-

ited. tion of the said road and of the plant necessary to operate

the same; and in no case shall the amount of stock and

bonds so issued exceed the sum of four hundred and flfly

tiK)nsand dollars.

j

LAWS RELATING TO STREET-RAILWAY FRANCHISES. 119

Sbo. 3. That the line of said railway company, from the
point of beginning herein named to a point at or near the
intersection of Ehode Island avenue extended and the
northeast boundary of the District of Columbia, shall be
commenced within six months and completed within twelve ^Sit^mf "o ^
months firom the date of approval of this Act; and the said pietion*" *^°™'
Maryland and Washington Railway Company is hereby
authorized to construct andlay down asingleor double track Extension of
railway, and to operate the same as provided in the Act in- ^^^*^'
corporating said company, westerly along Rhode Island Route in city.
avenue to Forth Capitol street, to connect with the tracks
of the Eckington and Soldiers' Home Railway Company,
and thence southerly on said street over the tracks of said
last-mentioned company to F street; the price for the use
or purchase of said tracks to be fixed by the board of di-
rectors of said companies, and on their failure to agree as
to the price it shall be fixed by the supreme court of the
District of Columbia, upon petition to be filed on the equity
side of said court by either company. Tbe said extension
shall be completed within the time hereinbefore provided
for with reference to the original line of said railway: Pro-
vided, That nothing in this Act shall operate to authorize '^o overhead
the erection of overhead wires within the limits of the city "^'"^^ '"^ '''^^•
of Washington.

Sec. 4. That all Acts or parts of Acts inconsistent with
this Act are hereby repealed.

Sec. 5. That Congress hereby reserves the right at any Amendment;
time to alter or amend or repeal this Act. repeal

Approved, March 2, 1895.

AN ACT extending the time within >vhicli the Maryland and Wash- February 20,

ington Railway Company shall he required to complete the hiiild- ^^^-

ing of the road of said company, under the provisions of an act of
Congress approved August iirst, eighteen hundred and ninety-two,
as amended hy an act of Congress approved March second, eighteen
hundred and ninety-live.

Be it enacted hy the Senate and Hotise- of Representatives
of the United States of America in Congress assembled, That^^^i»i»d «nd
the time within which the Maryland and Washington Hail- co^ ^^s^**^ y-
way Company is required to complete and i)ut in operation Time for c«m-
its railway in the District of Columbia, under the pro- S M^JchT?^
visions of an act of Congress approved August first, eight-
een hundred and ninety-two, as amended by an Act
approved March second, eighteen hundred and ninety-five.
be, and the same is hereby, extended for the term of one
year from the second day of March, eighteen hundred
and ninety-six; and that all the franchises, rights, and,
powers conferred by said Acts, or either of them*, upon said
railway company may be enjoyed and exercised as fully and
completely as if said railway had been completed and put
in operation prior to March second, eighteen hundred and
ninety-six.

Approved, February 20, 1896.

miTEOPOLITAV BAILEOAD COMPAHT (EMBBACDTa THE GOV-
HECTICUT AVEiniE ASS PAEK BAILWAT CGMPANY, THE
UNIOH EAILEOAD COMPANY, AND THE BOUNBAET AND SHr
VEE SPEDTGS BAILWAT COMPANY).

AN ACT to incorporate the " Metropolitan Railroad Company" in the July i, 1864.

District of Columbia.

Stats. 13, p. 326.

Be it enacted by the Senate and Hovse of Representatives
of the United States of America in Congress assmnbled^ That Metropolitan
Alexander E. Shepherd, Eichard Wallach, Lewis Clephane, ^n^i^corp™.
Samuel P. Brown, Nathaniel Wilson, Franklin Tenney,rated (amended).
Matthew G. Emery, Samuel Fowler, John Little, J. C.
McKelden, Sayles J. Bowen, John H. Semmes, D. C. For-
ney, William W. Eapley, Wm. G. Moore, Thomas Lewis,
John B. Keasby, and Oharles H. Nichols, and their asso^
dates and assigns, be, and they are hereby, created a body
corporate, under the name of the "Metropolitan Eailroad
Company,'' with authority to construct and lay down a
double-track railway, with the necessary switches and
turn-outs, in the city of Washington, in the District of
Colombia, through and along the following avenues and ^^nte (amend-
streets : Commencing at the junction of A street north and
New Jwsey avenue, at the north side of the Capitol ; along
the east side of New Jersey avenue to D street north;
along D street north, and along C street north and Indiana
avenue to the intersection of D street north with Indiana
avenue; along Indiana avenue, D street north, and Louis-
iana avenue to Fifth street west; along Fifth street west
to F street north; along F street north to Fourteenth street
west; along Fourteenth street west to I street north; along
1 street north, across Pennsylvania avenue, to the junction
of New Hampshire avenue and Twenty-third street west;
thence along New Hampshire avenue to the Circle. Also,
a double or single track branch railway, commencing at
the intersection of D street north and New Jersey avenue;
along New Jersey avenue to Massachusetts avenue; along
Massachusetts avenue to H street north; along H street
north to Seventeenth street west, intersecting the double-
track road. Also, a double or single track road from the
intersection of Fifteenth street west and I street north,
connecting with the double-track road at Fifteenth street
west; along I street north to New York avenue; along
^'ew York avenue to Ninth street west; along Ninth street
west to the Washington canal ; with the privilege of extend-
ing the said branch road at any time along Ninth street
west to M street north, along i\l street north to Twelfth
street west, and along Twelfth street west to the Wash-

122 LAWS RELATING TO STREET-RAILWAY FRANCHISES.

ington canal and Maryland avenue to the Potomac river,

♦Motive wer^^^^ ^^® right to Tun public carriages thereon drawn by
(changed^^^*'^ horse powcr, receiving therefor a rate of fare not exceed-

Fare. j^g ^^q ccnts per passenger, for any distance between the

termini of either of the said main railway, or between the
termini of either of said branch railways, or between either
terminus of said main railway and the terminus of either of

Subject to mo- said branch railways: Provided^ That the use and main-
So'nSf^ "^^^'^^^ teuance of the said road shall be subject to the municipal
regulations of the city of Washington within its corporate
limits.

Taxation. Sec. 2, And he it ftirther enacted^ That the said roads

cars!^*"^* ^^^ shall be deemed real estate, and they, together with other
real property and personal property of said body corporate,
shall be liable to taxation, as other real estate and personal
property, and to license for their vehicles or cars in the
cities aforesaid, except as hereinafter provided, and that
all other corporations in the District of Columbia hereto-
fore organized for like purposes shall be subject to pay
license, as provided in this section.

Construction. Seo. 3. And 1)6 it further enacted, That the said railway
shall be laid in the centre of the aveiuies and streets,
(excepting ISTew Jersey avenue, and there it shall be laid
as hereinbefore provided for,) as near as may be, without
interfering with or passing over the water or gas pipes,
in the most approved manner adapted for street rail-
ways, with rails of the most approved patterns, to be
determined by the Secretary of the Interior, laid upon
an even surface with the pavement of the streets; and the
space between the two tracks shall not be less than four
feet, nor more than six feet; and the carriages shall not be
less than six feet in width, the guage [gauge] to correspond
with that of the Baltimore and Ohio Kailroad.

Sec. 4. And be it further enacted^ That the said corpora-
tion hereby created shall be bound to keep said tracks, and
for the space of two feet beyond the outer^rail thereof, and

Paving. also the space between the tracks, at all times well paved

and in good order, witliout expense to the United States
or to the city of Washington.

Sec. 5. A7id he it further enacted^ That nothing in this
act shall prevent the Government at anytime, at their

Grade may be optiou, from altering the grade or otherwise improving all
® "*^ • avenues and streets occupied by said road, or the city of

Washington from so altering or improving such streets
and avenues and the sewerage thereof as may be under
their respective authority and control; and in such event
it shall be the duty of said company to change their said
railroad so as to conform to such grade and pavement.

Amendment. Sec. 6. A7id he it further enacted. That this act may at
any time be altered, amended, or repealed by the Congress
of the United States.

May not issue Sec. 7. And he it further enacted^ That nothing in this
currlncy*.*^' "''act shall be so construed as to authorize said body corpo-
rate to issue any note, token, device, scrip, or other evi-
dence of debt to be used as a currency.

See act of Congroaa, aip^toN^, kTS^.'I^ASjftV^

LAWS RELATING TO STREET-RAILWAY FRANCHISES. 123

Sec. 8. And be it further enacted, That the capital stock capital stock.
of said company shall not be less than two nor more than
five hundred thousand dollars, and that the stock shall
be divided into shares of fifty dollars each, and shall be
deemed x>ersonal proi>erty, transferable in such manner as
the by-laws of said company may direct.

Sec. 9. And be it further enacted, That the said company Cars.
shall place first-class cars on said railways, with all the
modern improvements for the convenience and comfort of
passengers, and shall run cars thereon during the day as
often as every four minutes on the route from the Capitol, schedule.
via the Baltimore and Ohio Railroad depot and depart-
ments, to the Circle; and on the other routes once iii fifteen
minutes each way, and until twelve o'clock at night as often
as every half hour; and throughout the day and night as
much oftener as public convenience may require.

Sec. 10. And be it further enacted, That said company Passenger
shall procure such passenger rooms, ticket offices, stables, ^^™®' ®**'
and dex)ots at such points as the business of the railroad
and the convenience of the public may require. And the
said company is hereby authorized to lay such rails through
transverse or other streets as may be necessary for the
exclusive purpose of connecting the said stables and depots connection
with the main tracks. And the said company is hereby stawes.
authorized to purchase or lease such lands or buildings as
may be necessary for the passenger rooms, ticket offices,
stables, and depots above mentioned.

Sec. 11. And be it further enacted. That all articles of «a^^**^^^^^^^*^
value that may be inadvertently left in any of the cars or
otiier vehicles of the said company shall be taken to their
principal depot and entered in a book of record of unclaimed
goods, which book shall be open to the inspection of the
public at all reasonable hours of business.

Sec. 12. Andbeit further enacted, That, within five days
after the passage of this act, the corporators named in the
first section, or a majority of them, or if any refuse or neg-
lect to act, then a majority of the remainder, shall cause
books of subscription to the capital stock of said company Books of sub-
to be opened and kept open, in some convenient and accessi- o^*ned!^ *^ ^
ble place in the city of Washington, from nine o'clock in
the forenoon till five o'clock in the afternoon, for a period
to be fixed by said corporators, not less than two days,
(unless the whole stock shall be sooner subscribed for,)
and said corporators shall give public notice, by advertise-
ment in the daily papers published in the city of Washing-
ton, of the time when and the place where said books shall
be opened. And subscribers upon said books to the capital ghlSi^ b©"^ g^ck*
stock of the company shall be held to be stockholders : Fro- holders.
videdy That every subscriber shall pay at the time of sub-
scribing twenty-five per centum of the amount by him
subscribed to the treasurer appointed by the corporators,
or his subscription shall be null and void : Provided further.
That nothing shall be received in payment of the twenty- payment at
five per centom at the time of subscribing except money Wngf** ®'*^»<"*^-
Provided further, That no person shall be allowed to sub-
scribe for more than fifteen thousand dollars. And when ^^^1^^ ""^
the books of subscription to the capital atoeik ot ^saSl ^!«vfiL-^'^ ^ "^^^

124

LAWS RELATING TO 8TBEET-RA1LWAY FRANCmSES.

Directors.

Officers.

By-laws.

pany shall be closed, the corporators named in the first
section, or a majority of them, and in case any of tliem re-
fuse or neglect to act, then a majority of the remainder,
shall, within twenty days thereafter, call the first meeting
First meeting, of the Stockholders of said company to meet within ten days
thereafter for the choice of directors, of which public Bot^
shall be given for five days in two public newspapers pub-
lished daily in the city of Washington, or by written personal
notice to each stockholder by the clerk of the coriioration.
And in all meetings of {he stockholders each share shall
entitle the holder to one vote, to be given in jyerson or by
proxy.

Sec. 13. And he it further enacted^ That the government
and direction of the affairs of the company shall be vested
in the board of directors, seven in number, who shall be
stockholders, and who shall hold their oflBco for one year,
and till others are duly elected and qualified to take their
places as directors. And the said directors (a majority of
whom, the president being one, shall be a quorum) shall
elect one of their number to be president of the board, who
shall also be president of the company; and they shall also
choose a treasurer, who shall give bonds with surety to said
company, in such sum as the said directors may require, for
the faithful discharge of his trust. In case of a vacancy
in the board of directors by the death, resignation, or oth-
erwise, of any director, the vacancy occasioned thereby shall
be filled by the remaining directors.

Sec. 14. And he it further enacted^ That the directors
shall have full power to make and prescribe such by-laws,
rules, and regulations as they shall deem needful and proper,
touching the disposition and management of the stock, prop-
erty, estate, and effects of the company, not contrary to the
charter, or to the laws of the United States and the ordi-
nances of the city of Washington: Providedj That there
shall bo no regulation excluding any x>6rson from any ear
on account of color.

Sec. 15. And he it further enacted^ That there shall be an
annual meeting of the stockholders, for choice of directors,
to be liolden at such time and place, under such conditions,
and upon such notice, as the said company in their by-laws
may prescribe; and said directors shall annually make a
report in writing of their doings to the stockholders.

Sec. 1G. And he it further enacted. That the said com-
pany shall have at all times the free and uninterrupted
use of the roadway. And if any person or persons shall
willfully or unnecessarily obstruct or impede the passage
on or over said railway, or any part thereof, or shall injure
or destroy the cars, depot stations, or any property belong-
ing to said railway company, the x>erson or persons so
offending shall forfeit and pay for every such offence the
sum of five dollars, to be recovered and disposed of as
other fines and penalties in said cities, and shall remain
liable, in addition to said penalty, for any loss or damage
occasioned by his, her, or their act, as afi>resaTd; but no
suit shall be brought unless commenced within sixty days
after such offence shall have been committed.

Anunal
ing.

meet

Free use
roadway.

of

LAWS EELATING TO STREET-KAIL WAY FRANCHISES. 125

Sue. 17. And he it further enaeted^ That unless said cor- ^Timefor buUd-
poration shall make and complete their said railways ^'
between the Capitol and Seventeenth street west within
four months after the company shall have been organized,
and the railways on the other routes herein described within
one year after the company shall have been organized, than
this act shall be null and void, and no rights whatever shall
be acquired under it.

Sec. 18. And he it further enacted^ That all acts and parts ^j^j^p «* i »» «
of acts heretofore passed which are inconsistent with any^ "**'
of the provisions of this act, [are], for the purposes of this
act, hereby repealed, so far as the same are inconsistent
therewith.

Sec. 19. And he it further enactedj That each of the stock- ^ i ai> y * ty of
holders in the Metropolitan Railroad Company shall be indi- * *^ ^ ®"'
vidually liable for all the debts and liabilities of said com-
pany, to an amount equal to the amount of stock held by
such stocknolders.

Sec. 20. Afid he it further enacted^ That the said i*ailroad street cross-
company shall keep in good repair and in clean condition dSn.^^ ^ *^*
the flagstones or cross-walks leading to, upon, and over
their tracks at the crossings of the several streets, which
intersect their railroad, removing therefrom snow and ice,
as well as mud, dirt, or other annoyance; and shall further,
whenever necessary to render such crossings dry and con-
venient, raise or elevate the same sufficiently for that pur-
pose) and shall adjust the adjoining pavement so as to make
it convenient for carriages to pass said crossings.

Sec. 21 . And he it further enactedj That for each and every Penalty for not
violation of the foregoing provisions the said company shall ii^°*"^ cross-
forfeit and pay a sum not less than five dollars and not more
than one hundred dollars, which may be recovered, with
costs of suit, on complaint of any person aggrieved, in any
court of competent jurisdiction in the District of Columbia.
Such action may be prosecuted in the name of the city of
Washington, and one-half of the penalties recovered shall
be for the use of the city of Washington, and the other half
for the use of the complainant: Provided, lioicevery That
any party complainant shall, before commencing such ac-
tion, file with the Clerk of the Supreme Court of the District
of Columbia a bond to be approved by the clerk of the said
court, with at least one surety, to be approved by said
clerk, and in a penalty of one hundred dollars, conditioned
that the complainant shall well and truly save harmless,
and indemnify the said city against the payment of all costs
and charges which shall be recovered against said city by
reason of the failure of the complainant to prosecute or
maintain his said complaint.

Sec. 22. And he it further enacted, That the said railroad Annuaireport.
company shall, by the fifteenth day of January, after the
completion of said road, and annually on or before that day
thereafter, transmit to Congress a full report of the afi'airs,
business, and condition of the said company for the year
terminating December thirty-one preceding such report,
and such report shall be signed and sworn to by the presi-
dent and treasurer of the company, or by a majority of

126 LAWS RELATING TO STREET-RAILWAY FRANCHISES.

the directors, and shall specify the following items: First,
Capital stock fixed by charter. Second, Capital stock sub-
scribed and actually paid in in cash. Third, Dividends
made to stockholders on the capital stock of the company,
and when made. Fourth, Total capital stock at the termi-
nation of the previous year. Fifth, Funded debt of the
company, and in what way secured. Sixth, Floating debt
of the company. Seventh, Total indebtedness of the com-

coBt of road, pauy exclusivc of capital. Cost of road. Eighth, Total
cost of rails, chains, spikes, and other iron used in con-
struction. Ninth, Total cost of ties, stringers, and other
wood or timber used in construction. Tenth, Cost of pav-
ing-stone, gravel, and other material used in construction
not above enumerated. Eleventh, Cost of labor in the
construction of the road. Twelfth, Cost of engineering
and salaries paid to officers and agents of the company, and
discount of interest paid on loans. Thirteenth, Amount ex-

of equipment, pcudcd lu Tcpairs of road. Cost of equipment. Fourteenth,
Number and cost of cars. Fifteenth, Number of horses or
mules used in the service of the road, and cost. Sixteenth,
Cost of harness and other appointments." Seventeenth, Cost
of tools and fixtures, including furniture of offices. Eight-
eenth, Cost of real estate and improvements thereon by

Characteristics, the company. Characteristics. Nineteenth, Total length
of roads, measured at single track, including switches
and turn- outs. Twentieth, Weight and character of rail.
Twenty-first, Number of passengers carried during the year.
Twenty-second, Average number of passengers per* trip.

lucerne. Income of road. Twenty- third. Total receipts from passen-
gers. Twenty- fourth. Total recipts from other sources, and
what sources. Expenses of operation and maintenance of
road. Twenty-fifth, Amount of salaries paid to officers of
the company. Twenty-sixth, Amount paid to employees,
with the number each of clerks, conductors, drivers, station-
keepers, and laborers. Twenty- seventh, Amount paid for
taxes of all kinds, and insurance. Twenty-eighth, Amount
paid for reconstruction of and repairs to track, tarn-outs,

Miscellaneous, and othcr structurcs. Miscellanenous. Twenty-nintli,
Amount of dividends paid during the preceding year in
cash, and dividends in stock to stockholders and percent-
age of each. Thirtieth, Increase of capital stock, if any,
during the year. Thirty- first, Number of persons killed or
seriously injured on the road during the previous year, and
the causes thereof.

Sale of tickets, sec. 23. A7id be it further enacted^ That it shall be the
duty of said company, when said road is completed, to have
prepared tickets for passage on their cars, and to keep
them at their office for sale by the package of twenty-five
or over at the rate of twenty-five for the dollar.

Approved, July 1, 1864.

LAWS RELATING TO STREET-RAILWAY FRANCHISES. 127

AN ACT to amend an act entitled "An act to incorporate the Metro- March 3, 1865.
politan Railroad Company in the District of Columbia/' stats 13 p &36

Be it enacted by the Senate and House of Representatives
of the United States of America in Congress assembled That j^^®*J®p®^^^
an act entitled "An act to incorporate the Metropolitan Rail- amended.
road Company in the District of Columbia,'' approved July
first, eighteen hundred and sixty-four, be, and the same
hereby is, amended as hereinafter set forth, namely, that
the first section be, and hereby is, amended by striking out
all after the words "along H street north to Seventeenth
street west, intersecting the double-track road,'' and insert-
ing : also a double or single-track railway, commencing at Rontechanised.
the intersection of D street north and Four-and-a-half
street west, along Four-and-a-half street west to the gate
of the Arsenal ; also a double or single-track branch railway
commencing at the intersection of Kinth street west and
the Washington canal, along Kinth street west to M street
north, along M street north to Twelfth street west, along
Twelfth street west to the Washington canal and Mary-
land avenue to the Potomac River; also a double or single-
track branch railway, commencing at the intersection of
Massachusetts avenue and H street north, along JMassachu-
setts avenue to K street north, along K street north to the
Circle, with the privilege of extending the said branch road
at any time along K street north to Rock creek, across the
bridge over Rock creek to Water street, Georgetown, along
Water street in Georgetown to Green street, along Green
street to Gay street, and along Gay street and First street
to Fayette street, Georgetown, with the privilege of extend-
ing at any time the road now in operation from Seventeenth
street west to the Capitol, from the present terminus of
said road on A street north, along A street north to First
street east, along First street east to East Capitol street,
along East Capitol street to Ninth street east, along Ninth
street east to L street south, with the right to run public
carriages thereon, drawn by horse power, receiving therefor
a rate of fare not exceeding eight cents per passenger, for ^*®« of fare.
any distance between the termini of either of said main
railways or between the termini of said branch railways
or between either terminus of said main railway, and the
terminus of either of said branch railways : Provided j That ni^"^*i®^*e***n7a'
the nse and maintenance of the said road shall be subject ti^sf ^^^^ ^'
to the municipal regulations of the city of Washington
within its corporate limits.

Sbc. 2. And be it further ena^tedj That section eight be, crfa^?^ *""
and hereby is, amended by striking out the words " five
hundred thousand dollars," and inserting the words " one
million dollars:" Provided^ That the directors of said
MetroxK>litan Railroad Company shall have x)ower to require
the subscribers to the capital stock to pay the amount by
them respectively subscribed at such time, and such man-
ner, and in such instalments, as they may deem proper;
and if any stockholders shall refuse or neglect to pay any Payment.
instalments, as required by a resolution of the board of
directors, after reasonable notice of the same, the said Vi«s.vii,i,

board of directors may sell at public auction, t« tViek \\i^\v«eX» ^^^'tuLu ^ "^

128 LAWS BBLATING TO STREET-RAILWAY FRANCHISES.

bidder, so maoy shares of said stock as shall pay said
instalments, (and the highest bidder shall be taken to be
the person who offers to purchase the least number of
shares for the assessment due,) under such general regula-
tions as may be adopted in the by-laws of said corporation,
or may sue for and collect the same in any court of compe-
tent jurisdiction.

Jtion ^""^ *'**™ ^^^* ^* -^^^ ^^ itfurtJier enacted j That section seventeen
p o ion. ^^^ ^^^ hereby is, so amended as to allow the said corpora-

tion three years flrom the date of the approval of this act
in which to com])lete the railways herein described and
those described in the act to which this is an amendment.
'Octets. Sec. 4. A nd be it further enacted^ That the twenty-second

section be, and hereby is, amended by striking out the
words "at the rate of twe.nty-five for one dollar,'^ and
inserting the words ''at the rate of sixteen for one dollar.'^
^ Exclusion trom gjj^^ 5^ j[^^^ ^^ it further enacted. That the provision pro-
hibiting any exclusion from any car on account of color,
already applicable to the Metropolitan Eailroad, is hereby
extended to every other railroad in the District of Columbia.

Approved March 3, 1865.

Ja n. 30, 1805 . j^-^ ^^^ ^^ amend an act entitled "An act to incorporate the Metr*>-
Stats. 13, p. 426. polltan Railroad Company in the District of Columbia,'' approved

July 1, 1864.

Be it enacted by the Senate and House of Representatives
B^!'cl?^^^^^^ ^f ^^^ tTw'tedJ States of America in Congress ossemhML, That

section 17 of the act to incorporate the Metropolitan Kail-
road Company of the District of Columbia, approved July
Time for com- ^' ^^^^1 t>e, and the same is hereby, amended so as to ex-
pieti?nextend2d. tend the time for the completion of their railroad line,

except that part thereof between Seventeenth street and
the Capitol, for one year from the passage of this act:
Provided^ however ^ That the line from Seventeenth street
and the Capitol be completed, equipped, and runniBg within
thirty days from the passage of this act.

Approved January 30, 1865.

March 2, 1807. j^-^ ^Qr^ extending the time for the completion of certain street rail-
Stats. 14, p. 440. ways.

Be it enacted by the Senate and House of Representatives
ji^!'co^^^^^^^ of the United States of America in Congress assembled j That

section seventeen of the act to incorporate the Metropolitan

Eailroad Company, in the District of Columbia, approved

July 1, 1864, be, and the same is hereby, still farther

piJti™neSendeIi. ^"»®i^<i^d SO as to cxtcud the time for the completion of

their railroad line, except that part thereof between Sev-
enteenth street and the Capitol, for three years from the
first day of January, 186G.

Approved March 2, 1867.

LAWS EELAT1N6 TO STftfiET-IlAlLWAY JPEANCHlSES.

129

AN ACT relating to the Metropolitan Railroad Company.

March 3, 1860.

Be it enacted by the Senate and House of Representatives stats. 15, p. 339.
ofih^ United States of America in Congress asse^nbled, That ^^^^^opoi^**"
the Metroi)olitaii Kailroad Company, in the District of Co-
lumbia, be, and is hereby, allowed five years from and Jti^nextendSa'
after the passage of this act for the completion of its lines p ® *®° ^ °
of street railways, authorized by the acts of July first,
eighteen hundred and sixty-four, and March third, eighteen
hundred and sixty-five, anything contained in said act or
any other acts to the contrary notwithstanding.

Approved March 3, 1869.

AN ACT to incorporate the Connecticut Avenue and Park Railway

Company^ in the District of Columbia.

Be it enacted by the Senate and House of Representatives
of the United States of America in Congress assembled, That
Augustus B. Stoughton, John Little, John L. Kidwell,
George H. Plant, LeKoy Tuttle, G. W. Hopkins, E. M. Hall,
and their associates and assigns, be^ and they are hereby,
created a body corporate, under the name of the Connecti-
cut Avenue and Park Eailway Company, with authority to
construct and lay down a single or double track railway,
with the necessary switches and turnouts, in the city of
Washington, in the District of Columbia, through and
along the following avenues, streets, and highways: Com-
mencing at the intersection of Seventeenth street west
and Pennsylvania avenue; along the west side of Seven-
teenth street to its intersection with H street north ; thence
along Seventeenth street west to its intersection with Con-
necticut avenue; thence along said avenue to Boundary
street. Also, from the intersection of Boundary street
and Connecticut avenue; along the county road from such
intersection; thence on any road opened, or which may
hereafter be opened, west of the Fourteenth-street road,
to within or through the proposed public park, or to the
county line of Washington County, with the right to run
pablic carriages thereon drawn by horse power, receiving
therefor a rate of fare not exceeding six cents a i)assenger
for any distance on said road: Provided, That should a
majority of stockholders so elect, said road, after reaching
the intersection of Boundary street and Connecticut avenue,
instead of continuing from said intersection up the county
road now opened, may be constructed along Boundary street
in the direction of Meridian Hill to any county road opened,
or which may hereafter be opened, west of Sixteenth street
west, and thence along said county road by the most prac-
ticable route to the terminus near, at, in, or through the
proposed park, as hereinbefore provided.

Sbc. 2. And be it further enacted. That said road shall be
deemed real estate, and, together with other real and per-
sonal property of said body corporate, shall be liable to
taxation as other real estate and personal ])roperty, and
to license for tlieir vehicles or cars in the city and county
aforesaid, except as hereinafter x)rovided.

6176 9

July 13, 1868.
Stats. 15, p. 83.

Conn. Ave. and
Park Railway
C o . incorpo-
rated.

(Absorbed by
Metropolitan R.
R. Co.)

Route.

Fare.

Taxation.

License for
cars.

130 LAWS RELATING TO STREET-RAILWAY FRANCHISES.

Constructioii. sec. 3. And be it further enacted, That the said railway
shall be laid in the centers of the avenue and streets in
the city, (excepting Seventeenth street; there it shall be
laid as hereinbefore provided for,) as near as may be with-
out interfering with or passing over the water or gas pipe/S,
in the most approved manner adapted for street railways,
with rails of the most approved i)attern, to be determined
by the Secretary of the Interior, laid upon an even surface
with the pavement of the streets or avenues; and the space
between the two tracks, when two are laid, shall not be
less than four feet nor more than six feet, and the carriages
(See footnote shall uot be Icss than six feet in width, the gauge to corre-
for gauge.) ^^^^^ ^-^j^ ^^^^ ^^ ^l^^ Baltimore and Ohio Eailroad. That

the railway in the county shall be laid in such manner as
will least interfere with the ordinary travel of the roads on
which the said track shall be laid.

Paving. Sec. 4. And he it further enacted. That the said corpora-

tion hereby created shall be bound to keep said tracks, and
for a space of two feet beyond the outer rail thereof, and
also the space between the tracks, at all times well paved
and in good order, wfthout expense to the United States,
the city or county of Washington.

Grade may be Sec. 5. And hc it further enacted. That nothing in this act
*^ "*^ ' shall prevent the Government at any time, at their option,

from altering the grades or otherwise improving all avenues
and streets occupied by said road, or the city of Washing-
ton from so altering or improving such streets and avenues,
and the sewerage thereof, as maybe under their respective
authority and control; and in such event it shall be the
duty of said company to change their said railway so as to
conform to such grade and pavement.

Amendment. Sec. 6. And bc it further enacted, That this act may be
at any time altered, amended, or repealed by the Congress
of the United States.

Issue of notes, Sec. 7. And hc it further enacted, That nothing in this
forbiddeS!^"*^^' ^^t shall bc SO construcd as to authorize said body cor-
porate to issue any note, token, device, scrip, or other evi-
dence of debt to be used as currency.

Capital stock. Sec. 8. And be it further enacted, That the capital stock
of said company shall be not less than fifty thousand dol-
lars, nor more than two hundred thousand dollars, and
that the stock shall be divided into shares of twenty-five
dollars each, and shall be deemed personal property, trans-
ferable in such manner as the by-laws of said company
may direct.

Cars. Sec. 9. A^id be itfurther enacted. That the said company

shall place first-cla ss cars on said railway, with all the
modern improvements for the convenience and comfort of
passengers, and shall run cais thereon during the day as

Schedule. often as every ten minutes, between Pennsylvania Avenue

and Boundary Street, and through the day and night on

the entire road, or such portions as may be completed, as

often as the public convenience may require.

roOTiV '**? "^ ^ ** '^ ^isic. 10. And be itfurther enacted. That the said company

rooms, e . g]iall procurc such passenger rooms, ticket ofBces, stables,

and depots, at such points as the business of the railroad

and the convenience of t\\ek 'V)X5^\iVvc TXi«^ Te^^iire, And said

LAWS RELATING TO STREET-RAILWAY FRANCHISES. 131

company is hereby authorized to lay such rails through
transverse or other streets as may be necessary for the
exclusive purpose of connecting the said stables and depots
with the main tracks. And the said company is hereby
authorized to purchase or lease such lands or buildings as
may be necessary for the passenger rooms, ticket offices,
stables, and depots above mentioned.

Sec. 11. And he it further enacted, That all articles of Articles left m
value that may be inadvertently left in any of the cars or ®*"-
vehicles of the said company shall be taken to their princi-
pal depot, and entered in a book of record of unclaimed
goods, which said book shall be open to the inspection of
the public at all reasonable hours of business.

Sec. 12. And he it further enactedj That within tl^irty ^^^o^j^o[^»'^^^
days after the passage of this act the corporators named opened?'*
in the first section, or a majority of them, or, if any
refuse or neglect to act, then a majority of the remain-
der, shall cause books of subscription to the capital stock
of said company to be opened and kept open, in some
convenient and accessible place in the city of Washing-
ton, from nine o'clock in the forenoon until three o'clock
in the afternoon, for a period, to be fixed by said corpo-
rators, not less than two days, and said corporators shall
give public notice, by advertisement in the daily papers
published in the city of Washington, of the time when
and the place where said books shall be opened j and
subscribers upon said books to the capital stock of the
company shall be held to be stockholders : Provided. That , subsciibere to

•■^•ij..,,,-,!-! TT T, -, "t J* ' ue stockholders.

no one individual shall be allowed to subscribe for more
than one hundred shares of said stock : Provided, further.
That every subscriber shall pay at the time of subscribing Payments.
twenty-five percentum of the amount by him subscribed to
the treasurer appointed by the corporators, or his subscrip-
tion shall be null and void. If, at the end of two days, a
larger amount than the capital stock of said company shall
have been subscribed, the books shall be closed, and the
said corporators named in the first section shall forthwith
proceed to apportion said capital stock among the sub-
scribers pro rata, and make public proclamation of the
number of shares^llotted to each, which shall be done and
completed on the same day the books are closed : Provided,
furtiier. That nothing shall be received in payment of the
twenty-five i)er centum at the time of subscribing except
money. And when the books of subscription to the capi-
tal stock of i^aid company shall be closed, the corporators
named in the first section, or a majority of them, and, in
case any of them refuse or neglect to act, then a majority
of the remainder, shall, within ten days thereafter, call the
first meeting of the stockholders of said company, to meet of stSkhoWe™.*
within ten days thereafter for the choice of directors, of
which public notice shall be given for five days in two
public newspapers published daily in the city of Washing-
ton, or by written or printed personal notice to each stock-
holder by the clerk of the corporation. And in all meetings
of stockholders each share shall entitle the holder to one
vote^ to be given in person or by proxy.
S»0, X3. JivA he it further evwted^ That ttie ^ON^rascL^eoJ^*

132

LAWS RELATING TO STREET-RAILWAY FRANCHISES.

Directors.

Officers.

By-laws.

and direction of the affairs of tlie company shall be vested
in a board of directors, seven in number, who shall be
stockholders, and who shall hold their oflBce for one year,
and until others are duly elected and qualified to take their
places as directors. And the said directors (a majority of
whom, the president being one, shall be a quorum) shall
elect one of their number to be president of the board, who
shall also be president of the company ; and they shall also
choose a treasurer, who shall give bonds with surety to said
company, in such sum as the said directors may require, for
the faithful discharge of his trust. In case of a vacancy
in the board of directors, by the death, resignation, or other-
wise, of any director, the vacancy occasioned thereby shall
be filled by the remaining directors.

Sec. 14. And he it further enactedj That the directors
shall have full power to make and prescribe such by-laws,
rules, and regulations as they shall deem needful and proper,
touching the disposition and management of the stock, prop-
erty, estate, and effects of the company, not contrary to
the charter, or to the laws of the United States and the
ordinances of the city and county of Washington: Provided^
That the directors of said corporation shall have power to
require the subscribers to the capital stock to pay the
amount by them respectively subscribed at such time, a^r
the first instalment, in such manner and in such amounts
as they may deem proper; and if any stockholder shall re-
fuse or neglect to pay any instalments, as required by a
resolution of the board of directors, after reasonable notice
of the same, the said board of directors may sell at public
auction, to the highest bidder, so many shares of said stock
as shall pay said instalments, (and the highest bidder shall
be taken to be the person who offers to purchase the least
number of shares for the assessment due,) under such gen-
eral regulations as may be adopted in the by-laws of said
corporation, or may sue for or collect the same in any court
of competent jurisdiction.

Sec. 15. And he it further enacted^ That there shall be an
annual meeting of the stockholders, for choice of directors,
to be holden at such time and place, under such conditions,
and upon such notice, as the said company in their by-laws
may prescribe; and said directors sliall annually make a
report, in writing, of their doings to Congress and the
stockholders.

Sec. 16. And he it further enacted^ That the mayor, ooun-
TOad**^o**tTbIcil of said city, and the levy court of said coufity, and the
hindered. scvcral officcrs of thcsc corporatious, and the said corpora-
tions, are hereby prohibited from doing any act or thing to
hinder, delay, or obstruct the construction or operations of
said railway, as herein authorized.
of Sec. 17. And he it further enacted^ That the said com-
pany shall have at all times the free and uninterrupted use
of the roadway. And if any person or persons shall wil-
fully and unnecessarily obstruct or impede the passage or
destroy the cars, depot stations, or any other property
belonging to said railway company, the person or persons
80 oifending shall forfeit and pay for each such offence the

stock
rears.

m ar

Annual meet-
ing.

Report.

Construction

Free use
roadway.

LAWS RELATING TO STREET-RAILWAY FRANCHISES. 133

sum of ten dollars to said company, to be recovered and dis-
posed of as other fines and penalties in said city or county;
and shall remain liable, in addition to said penalty, for any
loss or damage occasioned by his, her, or their act, as afore-
said; but no suit shall be brought unless commenced within
sixty days after such oflence shall have been committed.

Sec. 18. And be it further enacted, That unless said cor- Time for oom-
X)oration shall make and complete their said railway or rail- p^®*^**°'
ways between Pennsylvania avenue and Boundary street
within eight months after the company shall have been
organized, then this act shall be null and void, and no rights
whatsoever shall be acquired under it; and that the re-
mainder of said road shall be completed within four years
to its proposed terminus in the county of Washington.

Sec 19. And he it further enacted. That there shall be no Exclusion from
regulations excluding any person from any ear on account *^""
of color.

Sec 20. And he it further enacted, That each of the stock- 8|^j5,oiiire^ **^
holders in the Connecticut Avenue and Park Eailroad * ^ ®"'
Company shall be individually liable for all the debt and
liabilities of said company to an amount equal to the amount
of stock held by such stockholder.

Sec 21. And he it further enacted, That it shall be the
duty of said company, when said road is completed between
Pennsylvania avenue and Boundary street, to have pre-
pared tickets for passengers on their cars, and to keep Tickets.
them at their office for sale by the package, at the rate of
ten for fifty cents and twenty for one dollar.

Sec 22. And he it further enacted, That all the provi- chrrterofTash^-
sions of the act incorporating the Washington and George- f n*^ t o^n a^ d
town Kailroad Company, requiring reports of expenditures, maSe^apJi?<ib1«
earnings, and otherwise, shall be applicable to the company to.
herein incorporated, which shall make reports as in said
HCt required.

Sec 23. And he it further enacted, That all acts and parts .j^ ® p ® * ^ *"*«
of acts heretofore passed, which are inconsistent with any
of the provisions of this act, are, for the purposes of this
act, hereby repealed, so far as the same are inconsistent
herewith.

Passed the House of Eepresentatives May 8tli, 1868.

Attest: Edward M'Pherson, Clerh.

By Clinton Lloyd, Chief Clerk.

Passed as here written, with the exception of an amend-
ment making the gauge of the road same as the Washing-
ton and Georgetown instead of the Baltimore and Ohio
Bailioad, as first drawn.

Approved, July 13, 1868.

134 "" LAWS RELATING TO STREET-RAILWAY FRANCHISES.
Jan. 19, 1872. Union Railroad Company.

Be it enacted hy the Legislative Assembly of the District of

Union Railroad GolumMaj That Lewis Clepliane, Hallet Kilbourn, Matthew

Company incor- G, Emery, A. P. FacdoD, LeKoy Tuttle, George P. Fisher,

S^rbed bvMetroi Henry A. Wlllard, A. P. Brown, Eiley A. Shinn, Samuel

poUtanK.R.Co.) jj^Q^l^j.^ Poulus Thyson, Thomas Lewis, John C.Parker,

Kobert 0. Hewett, P. M. Plowman, H. O. Hoyt, and H. T.
Wisewell, and their associates and assigns, are created
a body corporate, under the name of the "Union Bailroad
Company," with authority to construct and lay down a
single or double-track railway, with the necessary switches
and turnouts, in the cities of Washington and Georgetown,
in the District of Columbia, through and along the follow-
Route (amend- ing avcnucs and streets: Commencing at the junction of
od.) Fifteenth street and Kew York avenue, along Fifteenth

street to I street; along I street to Connecticut avenue;
along Connecticut avenue to P street ; along P street to and
over the bridge crossing Eock creek at P street to West
street, Georgetown; along West street to High street, and
along High street to Second, Third, or Fourth street; along
Second, Third, or Fourth street to Fayette or Warren
street, with the privilege of passing through West street
to Montgomery street, through Montgomery street to Stod-
dard street, through Stoddard street to High street; along
High street to Second, Third, or Fourth street; along
Second, Third, or Fourth street to Fayette; along Fayette
street to its intersection with High street; along High
street to the northern boundary-line of Georgetown; also
with the privilege of connecting with the Metropolitan Eail-
road (by consent of said Eailroad Company) at the corner
of Seventeenth and H streets, and running up Seventeenth
to Connecticut avenue; also a branch road, to be con-
structed and run at the same time and in the same manner
as the main road, commencing at the intersection of Nine-
teenth street west and P street north, and running along
said P street to Seventh street west; with the privilege of
extending said branch road along P street to North Capi-
tol street; along North Capitol street and the road leading
therefrom to Glenwood Cemetery. And in case the com-
pany incorporated by this bill connect their road, hereby
authorized, with the Metropolitan Eailroad at Seventeenth
and H streets, they shall not be compelled by any provi-
sions of this Charter to construct that portion of the road
hereby authorized between the intersection of Connecticut
avenue and Seventeenth street, and New York avenue and
Fifteenth street; with the right to run public carriages on
the road hereby authorized, drawn by horse power, re-
Fare ceiving therefor a rate of fare not exceeding five cents per
passenger for any distance between the terminus of said
railroad : Frovided, That but a single track be laid on Fif-
teenth street, between I street and Pennsylvania avenue.
Taxation. gjjc. 2. And he it further enacted^ That the said road
shall be deemed real estate, and, together with the other
real estate and personal property of said company, shsdl
be liable to taxation as other real estate and personal

LAWS RELATING TO STREET-RAILWAY FRANCHISES.

135

property, and subject to license for their veliicles or cars I'icense for
in tiie cities aforesaid the same as other railroad companies*^"'
heretofore organized for like purposes are.

Sec. 3. And he it further enacted^ That the railway shaU coustruction.
be laid in the center of the avenues and streets, unless
otherwise directed by the Board of Public Works, and
said company shall conform to the grade of the streets and
avenues in laying rails thereon.

Sec. 4. And he it further enacted^ That the company Haiu.
shall be bound to use the flat rail, similar to the one now
us^ on Pennsylvania Avenue, to keep the streets between
and for two feet on either side of it s tracks paved and in
good order, without expense to the District of Columbia,
subject to the approval of the Board of Public Works ; and
nothing in this act shall prevent the grade of any street or
avenue from being altered by the government of the Dis-
trict of Columbia at any time, and, in the event of a change
of gi'ade, the said railroad company shall change their
track to confrom therewith, at the expense of said company.

Sec. 5. And he it further enacted^ That this act may be Amendmen^^
altered or amended by the Legislature of the District of
Columbia at anytime, and the said company is not author-
ized to issue any note, token, device, or scrip, or other evi-
dence of debt to be used as currency.

Sec. 6. And he it further enacted^ That the capital stock stock
of said company shall not be less than fifty thousand dol-
lars, nor more than one hundred thousand dollars, and shall
be divided into shares of fifty dollars each, and shall be
deemed personal property, transferable in such manner as
the by-laws of said company may direct.

Sec. 7. And he it further enacted^ That the company shall
place first-class cars on said railway for the convenience
and comfort of passengers, and shall run cars thereon dur- schedule.
ing day hours as often as every ten minutes, and during
night hours, until twelve o'clock, as often as twency minutes,
and that the company shall procure such passenger rooms,
ticket offices, stables, and depots, at such points as the ''«<»"»•«*<'•
business of the railroad and the convenience of the public
may require; and the company is hereby authorized to lay
such rails through transverse or other streets, not exceed-
ing two squares, as may be necessary for the exclusive pur-
pose of connecting the said stables and depots with the Connecting
main tracks, and the said company is hereby authorized to *'^*^^'*-
pui'chase or lease such lands or buildings as may be neces-
sary for the passenger rooms, ticket offices, stables, and
depots above mentioned.

Sbo. 8. And he it further enacted^ That the directors By-iaws.
shall have full power to make and prescribe such by-law,
rule, and regulation as they shall deem needful and proper
touching the disposition and management of the stock,
property, estate, aud effects of the company not contrary
to the charter, or to the laws of the United States and the
ordinances of the District of Columbia: Provided^ That Exclusion from
there shall be no regulation excluding any person from any
car ou account of color.

Cars.

Passenger

cars.

136 LAWS RELATING TO STREET-RAILWAY FRANCHISES.

Books of sub- Sec. 9. And be It further enacted. That the incorporators
of said road shall, within thirty days after the passage of
this act, meet and organize, and open and keep open for
two weeks books of subscription, at some place made
known by advertisement in at least one daily paper pub-
lished in the District of Columbia, to the capital stock of
said company; and the said company shall organize and
comi)lete the line of said road within one year from the
passage of this act.

Approved, January 19, 1872.

[Obsolete.]

Jail. 19, 1872. AN ACT to iii(5orporate the Boandary and Silver Spring Railway Com-
pany of the District of Columbia.

Be it enacted by the Legislative Assembly of the District of

Columbia^ That Wm. Bell, Enos Bay, Sr., C. Osborn, Abner

siive"" Springs Shocmaker, Theodore Lay, F. Kohrer, B. T. Swart, J. Ford

^''^^^^X.«.!f*'iS* Thompson, Lewis Clephane, J. O. Lewis, William Thomp-

ted (absorbed by SOU, M. Blair, Juo. B. Clagctt, J. H. McChesncy, D. B. Car-

KrcoT^'^"" ^' P®^^^^' M. G. Emery, Jno. Saul, O. O. Howard, G. W.
Balloch, Simon Wolf, P. May, John Angerman, John
Baker Smith, Eichard Wallach, S. L. Phillips, John Van
Eiswick, A. B. Olin, Charles Stewart, Henry GUck, John
Widmeyer, L. H. Hall, Oharles Eble, Edward Engles,
Casper Kneesi, Frederick Hughes, George Walker, Hugo
Kandler, Ernest Schmidt, Christian Xander, G. Gussler,
Louis Byers, George Killian, A. Spooks, Jacob Hasuer,
Charles Euppert, Joseph Flynn, Edward Fordan, V. 8.
Moulton, D. P. Hickling, Ira Hopkins, and S. H. Wil-
liams, and their associates and assigns, be, and they
are hereby, created a body corporate, under the name of
the Boundary and Silver Spring Eailway Company, with
authority to construct and lay down a single or double-
track railway, with the necessary switches and turnouts,
in the county of Washington, in the District of Columbia,
along the following highway: Commencing at the point of

Route intersection of Boundary street of Washington city and

Eockville Turnpike, the same being a continuation of
Seventh street west in the city of Washington, in said
District; thence running northerly along the said Ingliway
to its intersection of boundary line of the District of Co-
lumbia and the State of Maryland, with the right to run
public carriages or cars, to be drawn either by steam.

Motive power, dummy engines, or horse-power, receiving therefor a rate
of fare not exceeding five cents a passenger for transpor-
tation to Eock Creek Church road, ten cents a passenger
for transportation to Brightwood, and fifteen cents a pas-
senger for transportation to the boundary of the Dis^ict
of Columbia: Provided, That steam power shall not be
used on the said railway entering the city boundary.
Sec. 2. And be it further enacted^ That the said railway

Construction, shall bc coustructcd in such manner as will least interfere
with the ordinary travel of said road, and subject to the
appTowoX of the Board ol Public Works for said District;

LAWS RELATING TO STREET-RAILWAY FRANCHISES. 137

and the said corporation shall be bound to keep said track,
and for the space of two feet beyond the outer rail thereof,
and also the space between the tracks, well graveled or
paved, and in good order, without expense to the District
of Columbia, so as not to impede the general travel on said
road by vehicles or otherwise.

Sec. 3. And he it further enacted^ That nothing in this 9i****«® ^^
act shall prevent the proper authorities from altering the^
grade or otherwise improving said highway^ and in such
event it shall be the duty of said company to change their
said railway so as to conform to such grade; and if at any
time such grade shall be changed for the benefit of said
railway company any expenses that may be incurred by
property- holders affected by such change of grade shall be
borne by the said railway company.

Sec. 4. And he it further enacted^ That this act may at Amendment.
any time be altered, amended, or repealed by the Legisla-
tive Assembly of the District of Columbia, or by the Con-
gress of the United States,

Sec. 5. And he it further enacted^ That the capital stock stock.
of said company shall not be less than fifty thousand dol-
lars, or more than two hundred thousand dollars, and the
stock shall be divided into shares of twenty-five dollars
each, and shall be deemed personal property, transferable in
such manner as the by-laws of said company may direct.

Sec. 6. And heit further enacted. That the said company Passenger

/ X V POOUI8 fitiO

shall provide such passenger rooms, ticket office, stables,
and depots as the business of the railroad and the con-
venience of the public may require; and said company is
authorized to lay such rails through such other roads as
may be necessary for the exclusive purpose of connecting
the said stables and depots with the main track; and the
said company is hereby authorized to purchase or lease such
lands or buildings as may be necessary for the purpose
aforesaid.

Sec. 7. And he it further enacted^ That within two months ^«®]^» ^^o'^hi,
after the passage of this act the corporators named in the Opened!"
first section, or a majority of them, or, if any refuse to act,
then a majority of the remainder, shall cause books of sub-
scription to the capital stock of said company to be opened,
and kept open, in some convenient and. accessible place or
places in the city of Washington, for the period of (to be
fixed by said corporation) not less than two weeks; and
said corporation shall give public notice, by advertisement
in not less than two daily papers published in the city of
Washington, of the time when and the place where said
books shall be opened, and subscribers upon said books to
the capital stock of the company shall be held to be stock-
holders: Provided^ That every subscriber shall pay at the
time of such subscribing twenty-five per centum of the
amount by him subscribed to the treasurer appointed by
the corporators, or his subscription shall be null and void.
If, at the end of two weeks, a larger amount than the capi-
tal stock of said company shall have been subscribed, the
books shall be closed, and the said corporators named in
the first section shall forthwith proceed to a^^ttiow %^v<L

138 LAWS RELATING TO STREET-RAILWAY FRANCHISES.

capital stock amon^ tlie subscribers pro rata^ and make
public proclamation of the number of shares allotted to
each, which shall be done and completed on the same day
thebooks are closed: Provided^ further^ That nothing shall
be received in payment of the twenty-five per centum, at
the time of subscribing, except money. And when the
books of subscription of the capital stock of said company
shall be closed, the corporators named in the first sec-
tion, or a majority of them, may [and] in case any of them
refuse or neglect to act, then a majority of the remainder

of"^tockhSwer8^ ®^^^^' withiu tcu days thereafter, call the first meeting
era. ^^ ^^^ stockholdcrs of the company, to meet within ten
days thereafter, for the choice of seven directors, of which
public notice shall be given for five days, in not less than
two public newspapers published in the ci^ of Washington.
And in all meetings of stockholders each share shall entitle
the holder to one vote, to be given in person or by proxy.
Boardof direct- Sec. 8. And he it further enacted^ That the government

°"* and direction of the affairs of the company shall be vested

in a board of directors, seven in number, who shall be stock-
holders, and who shall hold their office for one year, and
until others are duly elected and qualified to take their
places as directors. And the said directors, a majority of
them, the president being one, shall constitute a quorum.
Officers. shall clcct ouc of their number to be x>resident of the board,
who shall also be president of the company; and they shall
also choose a treasurer, who shall file bonds with security
to said company, in such sum as the said directors may
require, for the faithful discharge of their trust. In case
of a vacancy in the board of directors by death, resignation,
or otherwise, of any director, the vacancy occasioned thereby
shall be filled by the remaining directors.
Bylaws. gjjc. 9. And he it further enacted ^ That the directors shall

have full power to make and prescribe such by-laws, rules,
and regulations as they shall deem needful and proper
respecting the disposition and management of the stock,
property, estate, and eflt'ects of the company, not contrary
to this charter and the laws : Provided^ That the directors
of said corporation shall have power to require the subscrib-
ers to the capital stock to pay the amount by them respec-
tively subscribed at such time, (after the first instalment,)
in such manner and in such amounts as they may deem
proper; and if any stockholder shall refuse or neglect to
pay any instalments, as required by a resolution of the board
of directors, after thirty days' notice of the same, the said
board of directors may sell at public auction, to the highest
bidder, so many shares of his said stock as shall pay said
instalment, and the highest bidder shall be taken to be the
person who offers to purchase the least number of shares
for the assessment due, under such general regulations as
may be adopted in the by-laws of said corporation, or said
body corporate may sue and collect the same from any de-
linquent subscriber in any court of competent jurisdiction.

^Annual meet- Sec. 10. And he it further euacted^ That there shall beau

^' annual meeting of the stockholders for choice of directors,

to he holden at such time aud place^ under sach conditional

LA\I?;S RELATING TO STREET-RAILWAY FRANCHISES. 139

aud upou such notice as the said company in their by-laws
may prescribe; and said directors shall annually make a
report in writing of their doings to the Legislative Assem-
bly of the District of Columbia.

Sec. 11. And be it further enacted^ That the said company Free use of
shall have at all times the free and uninterrupted use Qf^^^^^'^^y-
their roadway: Provided^ That one-half the said road shall
be completed within one year from the passage of this act,
and the entire road complete within two years, in default
of which this act shall be made null and void.

Sec. 12. And be it further enacted^ That no person shall Exclusion from
be prohibited the right of travel on any part of said road, ^^^'
or ejected from the cars thereof, for any other cause than
that of being drunk, disorderly, unclean, contagiously dis-
eased, refusing to pay the legal fare exacted, or to comply
with the general regulations of the company.

Sec. 13. And be it further enacted^ That each stock- ^^*j»^^^^^ of
holder in said company shall be liable individually for all * ° **"*
the debts and liabilities of said company to an amount
equal to the amount of stock held by said stockholders.

Sec. 14. And be it further enacted^ That, should a ma- t©?i road*" *^'
jority of the stockholders so elect, at any time within two
years after the passage of this act, (provided for in sec-
tion above,) the said company shall have the right to
extend said road, either with single or double track, with
the necessary switches and turn-outs, along the Kock
Creek Church road, until it intersects with the Fourteenth
Street road; thence southerly to Boundary Street; also
along the new county road which intersects Fourteenth
Street or Piney Branch road at or near Brown Springs;
thence along Fourteenth Street road to and along Bound-
ary Street.

Approved, January 19, 1872.

(Signed) H. D. Cook, Gov.

Chas. S. Hulse,
Sjyeaker H, of Delegates.

Wm. Stickney,
President of the Council,

Legislative, executive, and judicial appropriation act, 1873. May 18, 1872.

Stats. 17, p. 84.

• # # * •

Sec. 12. That the Washington and Georgetown Eailroad
Company and the Metropolitan Eailroad Company be, and MetR.R.Co.
they are hereby required to remove their tracks, respec- Removal of
tively, from the Capitol grounds, as hereby established, ^J^foroSSs?*^
and to run the same as they may bo directed, from time to
time, by the officer in charge of the public buildings and
grounds, as the grading and filling up of said grounds may
render necessary. That a commission, consisting of the
Secretary of the Interior, the chief engineer of the army,
and the officer in charge of public buildings and grounds,
is hereby authorized and directed to examine and report
to Congress, prior to the second Monday of December uftxt^

140 LAWS RELATING TO STREET-RAILWAY FRANCHISES.

a plan by which the locomotive railroad track in front of
western entrance of the Capitol shall be removed, with due
regard to the rights of all parties concerned, and by which
proper connections with other railroads may be made.

# * « « •

Approved, May 8, 1872.

March 3, 1875. Legislative, executive, and judicial appropriation act, 1876.

Stats. 18, p. 385.

* * » and further, that the Washington and George-
Met. R. R. Co. town and the Metropolitan Eailway Companies are directed

track 8*froraCap^^ ^^® ^P ®^^^ portions of their tracks as may come in the
itoi Grounds, way of the improvement of the Capitol Grounds and relay
the same as may be directed by the officers in charge of
the improvements of the Capitol Grounds. ♦ • *

Approved, March 3, 1875.

August 6, 1890. District appropriation bill, 1891.

Stats. 26, p. 310. « * # • •

Met.R.R.co. Sec. 3. That any street railroad company in the District
of Columbia authorized to run cars drawn by horses, which

Change of mo- ^^^ chaiigcd or may change its motive power on any of its

tive power. liucs uow coustructed, to cable or electricity, or change its

rails in accordance with the provisions of law, shall have

^n^crease of the right to issuc and sell, at the market price thereof,
stock of said company to an amount necessary to cover the
cost of making said changes, the cost of said changes and
the amount of said stock sold, together with the price per
share, to be fully set forth, under the oath of the President
of said Company, and filed with the Commissioners of the
District. And any company availing itself of the privileges
herein granted shall within two years, wholly dispense

Horses to be with horscs as luotivc power on all portions of its line and
dispensed with, gubstitutc thcrcfor the power provided for in the act making
appropriations for the expenses of the District of Colum-
bia, approved March second, eighteen hundred and eighty-
nine, or pneumatic or other modern motive i)Ower which

Motive power, shall bc approvcd by the Commissioners of the District of
Columbia, but nothing m thi*s act contained shall in anywise

-No overhead authorize the use of overhead appliances: Provid^j That
wires. |£ ^j^j g|i(.]i company operating a line or lines of street rail-

road from Georgetown or West Washington to and beyond
the Capitol grounds shall fail to substitute for horse power
the power herein provided for on all its lines within two

Forfeiture years from the date of this act, such company shaJl forfeit
""^Timi (extend- ^^^ corporatc francMsc.
«^>- Approved, August 6, 1890.

March 3, 1891. Deficiency bill, 1891.

Stats. 26, p. 870. ^ ^ ^ # •

MetB.B.co. And the Metropolitan Railroad Company of the Distriet
o/OoJnmbia shall pay to tAift l>*\)^tT\e\. oi Q»Q\3Qmbia witiiin

LAWS RELATING TO STREET-RAILWAY FRANCHISES. 141

eighteen months from the approval of this act the full
amount of the judgment tbat was rendered against the said
company by the supreme court of the District of Columbia
at the suit of the said district, in cause numbered twenty-
two thousand four hundred and fifty-eight, at law, on the
dockets of said court, with the costs of said cause and
interest on said amount from the date said judgment was Payment of
rendered until paid, and that upon the failure of the said*^"^^*"®"**
company so to pay said amount, costs, and interest within
the time aforesaid the charter of said company shall become
forfeit, and all its rights, privileges, and franchises as a

body corporate shall cease and determine.

« * * * #

Approved, March 3, 1891.

Joint reAolution. July 22, 1892.

Resolved by the Senate and House of Representatives of s*^*»-27.p.39».
the United States of America in Congress assembled, That the ^®*- ^- ^- c®-
time within which the street railroad companies availing Time extended
themselves of the privileges granted by the act making {J^^^^^2°|^°«™**-
appropriations to provide for the government of the Dis-
trict of Columbia, and approved August sixth, eighteen
hundred and ninety, so far as it extends to the Metropolitan
fiailroad, is hereby extended for one year from the date of
the passage of this act: Provided, That so fast as the cars new cars.
now building are equipped with storage batteries they shall
beplacedontheroad: And provided further, Thatpen(hng
the change the present equipment of the road shall be put,
and kept and maintained in good condition; and any failure, cars sh^i be

^ 1 •i.i- i»xi_ I* ■ ' J. 1. • Kepi in good con-

tocomply with any of the foregoing requirements as toequip- dition.
ment shall render the said Metropolitan Railway Company
liable to a fine of not exceeding twenty-five dollars for each
day so in default, to be recovered by the Commissioners of
the District of Columbia, as other fines are recovered in the
District of Columbia.

Sbc. 2. Congress reserves the right to alter, amend or Amendment.
repeal this act.

Approved, July 22, 1892.

Deficiency bill, 1892. July 28. 1892.

Stats. 27, p. 290.

That the Metropolitan Eailroad Company is hereby re- Met. r. r. co.
quired to repair the bridge across Eock Creek at P street, in ^r ^'^p^ ^u^t
the District of Columbia, at a cost of not exceeding fifteen widce over Rock
thousand dollars. Said repairs to make the bridge suffi-^'^® '
ciently strong to allow the passage of storage battery cars
of the said company, and to be made under the direction
of the Engineer Commissioner of the District of Columbia,
and in accordance with plans and specifications prepared
by him.

« • * # #

Approved, July 28, 1892,

.rec

WS RELATING TO STREET-RAILWai ^.

94- AN ACT to authorize tbo Metropolitan Railroad Company to change
^ its motive power for the propulsion of the cars of said company.

Be it enacted by the Senate and House of Bepresentativetf
^^'^ of the United States of America in Congress assembled j That
"^*^tbe Metropolitan liailroad Company, incorporated under
the Act of Congress approved the first day of July, anno
Domini eighteen hundred and sixty-four, be, and the same
•8 to be is hereby, required to cease to use on its lines running east
and west each and every closed car that has been in use on
any of its lines for three years or more, and shall substitute
therefor new cars of the most approved pattern. Failure
to comply with the provisions of this section within ninety
days from the approval of this Act shall subject the said
company to a fine of twenty-five dollars for each and every
day during which the company neglects or refuses to make
the substitution of new cars as herein specified, which fine
may be recovered by the Commissioners of the District of
Columbia in any court of competent jurisdiction,
(lango in mo- Sec. 2. That thc Said Metropolitan Eailroad Company
^ower re-|^e, and the same is hereby, authorized, empowered, and
required to equip and operate the lines of its cars upon
and along all thc streets and avenues of the cities of Wash-
ington and Georgetown, within the District of Columbia,
where the lines of its road or any part thereof are now laid
and operated, and as hereinafter provided, with an under-
ground electric system for propulsion of such cars: Pro-
Time, vided, That the change to an underground system shall be
completed upon its north and south line within one year
and upon its east and west line within two years after the
approval of this Act : Provided there shall be completed
Extension ofau cxtcnsion thcrcof ou East Capitol street from Ninth
•oute. street east to Fifteenth street east, around both sides of
Lincoln Square, and also an extension from Kinth street
west northwesterly on Florida avenue to Tenth street west.
And in default of such completions all Acts or parts of
Acts chartering or extending the said road are hereby
repealed.
Bonds. Sec. 3. That the said company is hereby authorized and
empowered to issue its bonds, secured by a mortgage on its
franchises and other property, to such amount as may be
necessary to pay the cost of the work to be done and of the
materials required and the expenses incident to the change
to be made as provided in this Act, but not in excess o
such cost. And said bonds shall not be sold or disxK)se
of at less than their face or par value.
cweofD.Cvs. Sec. 4. That a transcript of the record of the case of t'
o^co^^y^ap- I^istrict of Columbia against the Metropolitan Railro
Mftia. Company of the District of Columbia, at law Numbe'
Twenty-two thousand four hundred and fifty-eight, in
Supreme Court of the District of Columbia, together t
the original papers and record entries therein, duly c
fled, shall, by appropriate orders duly entered of recon
transferred and delivered to the Court of Appeals o
District of Columbia, which said Court of Appeals is h(
vested with original authority and jurisdiction to hea
determine said case without a jury upon the plea

LAWS RELATING TO STREET-RAILWAY FRANCHISES. 143

issaes and proofs therein other than the pleas and issues
relating to the statute of limitation or plea of failure of
notice to said company of any act required of it, and to de-
termine from and upon said record and pleadings and proofs
therein contained, and such other proof in the course of
said hearing as said court may determine to be necessary in
order to dispose of the case upon its merits, what, if any,
indebt^ness is due to the District of Columbia from the
said railroad company in respect of the cause of action
stated in the declarations filed in said case, assuming that
due and proper notice has been given to said company of
all acts required in the premises, and to enter judgment
against said company in favor of the District of Columbia
for any sum or sums of money that said Court of Appeals
shall tind due from said company in respect of said cause
of action, for the amount of which said judgment execu-
tion may issue out of said court, and said judgment shall
immediately become a lien upon all the property of said
company, to be enforced in the manner now provided by
law for the enforcement of other liens, and shall be paid
within ninety days from the date thereof: Provided, That
unless said company shall file in said Court of Appeals its
consent in writing to the aforesaid transfer of the said
case, and also a waiver of all its rights and defenses under
the statute of limitation and from want of notice as here-
inbefore provided for, and also a waiver of all rights, bene-
fits, advantages, and defenses that it has or may have by
reason of the decision and judgment of the Supreme Court
of the United States made and entered in said case within
thirty days after the approval of this Act, then all rights
granted to said company by this Act shall cease and be
determined: Provided, That thejudgment of the said Court
of Appeals shall be final and that there shall be no appeal
therefrom : And provided further, That the cost of said
transfer and of the hearing of said case in the Court of
Appeals shall be paid by said railroad company.

Sec. 6. That the Metropolitan Eailroad Company is Transfer ar-
hereby authorized and required immediately to make J^SS^ttS^iSeS
reciprocal transfer arrangements with street railroad com- required.
panics whose lines now connect with its lines, and to fur-
nish such facilities therefor as the public convenience may
require. Upon the completion of the underground electric
system provided for in this Act the said Metropolitan Rail-
road Company is hereby further authorized and required to
enter into reciprocal trackagearrangements with connecting Rec ii»roo»i
roads. The schedules and compensation shall be mutually *^«^^*««-
agreed upon between the said Metropolitan Eailroad Com-
pany and the companies with whose lines its lines connectj
and in any case of failure to reach such mutual agreement,
the matters in dispute shall be determined by the supreme
court of the District of Columbia, upon petition filed by
either party: Provided, That every street railway company
in the Distoict of Columbia whose lines connect, or whose
lines may hereafter connect, with the linesof any other street
railway company, is hereby subjected to the same require-
ments as to transfers and trackage arrangements, and upon

jAWS RIELATINO to StEEET-EAii^ „ ^

similar conditions, as in this section provided in the cao^
of the Metropolitan Eailroad Company and the lines con-
necting therewith,
horse Sec. 6. That on and after one year from the approval of
this Act the Metropolitan Eailway Company shall pay to
the District of Columbia, in addition to all other taxes now
required to be paid by said company, an annual tax of live
hundred dollars for each and every car operated by horses
on that portion of its lines known as the Ninth Street line;
and on and after two years from the approval of this Act
the said railway company shall pay, in addition to all other
taxes now required to be paid by said company, an annual
tax of five hundred dollars for each and every car operated
by horses on any line owned or controlled by the said com-
pany.
anendment. Sec. 7. That Cougrcss rcscrvcs the power to alter, amend,
or repeal this Act.

Approved, August 2, 1894.

Feb. 26, 1895. -^^ ACT to amend the charter of the Metropolitan Railroad Com-
pany of the District of Columbia.

3tata.28,p.682.

Be it enacted by the Senate and House of Representatives
Metropolitan o/ the United States of America in Congress assembled j That

Railway Co., f]^Q charter of the Metropolitan Eailroad Company of the
Extension of District of Columbia be, and the same is hereby, amended

route required, g^ ^^ ^ authorizc and require the said company to lay

down from the intersection of Four-and-a-half and L
streets, southwest, along Four-and-a-half street toP street
south, a single track of underground electric road for tli<
propulsion of its cars, thence west along P street with sai'
single track to Water street, thence northwesterly alon
Water street with said single track to L street, thence ea
along L street with said single track to its double tracks
the intersection of Four-and-a-half and L streets, sou
west, and thence north by said company's double trackf
now located into its depot on Seventh street extended.
CommiBsion Sec. 2. That the Commissioners of the District of Col

citeuafks**' ^^' ^^* shall locate the said track on Four-and-a-half, P,Wj

and L streets so as best to subserve the public c<mvenii
and may in their discretion locate the same on Water s
for such distance as they may deem best on the east
of the Belt Line Railway Company, so that the twc
panics may mutually and profitably use the space of
In re riKhts of occupicd by tbc Said east track. The said Belt Lin*

Belt Ky. & Met. ^Sy Company and the Metropolitan EailroadCompar
each have the right to apply to the supreme court of i
trict of Columbia to fix a just and equitable compe
for any rights which may be affected by this law, r
court shall have power to issue executicm to en
judgment.
Extension of Sec. 3. That thc said Metropolitan Eailroad Co

tSwu *" ^*'**^^®* hereby authorized and required to lay down and
its underground electric construction of single t
the intersection of P and Thirty-fifth streets, i

LAWS RELATING TO STREET-RAILWAY FRANCHISES. 146

tiience running west along P street to Thirty-sixth street,

t^lience south on Thirty-sixth street to Prospect avenue,

t;l)enceeast on Prospect avenue to Thirty-fifth street, thence

xiorth on Thirty-fifth street to O street, thence east con-

it^iuniug its route as now located.

Sec. 4. That the number of directors of said conq^aiiy ^ Number of ai-
^hall be increased from seven to nine members. erased/ ^

Sec. 5. That the Brightwood Eailway Company, the
Utock Creek Kailway Company, and the Georgetown and
ITennallytown Kailroad Company be, and they are hereby,
^respectively, authorized and required to sell four coupon
^ckets for twenty-five cents, good for one continuous ride tickets" coupon
Sn the District of Columbia over the lines of said companies,
Tiespectively, and the lines of the Metropolitan liailroad
Oompany, and the said suburban roads shall redeem the
tickets collected by the Metropolitan Railroad Company, at
the rate of two and one-half cents for each coupon ticket
presented by the said Metropolitan Railroad Company.
Any of the aforesaid railroad companies which shall refuse
to make sale of tickets or to accept tickets so sold as herein
provided for, shall be liable to a fine of fifty dollars for
each such violation, to be recovered in the police court
of the District of Columbia as other fines are recovered:
Providedj That the proceeding for the collection of such
J)enalty shall be commenced within thirty days from the
date of the alleged refusal. The supreme court of the
District of Columbia shall have, and it is hereby given,
authority and jurisdiction to enforce the requirements and
provisions of this section in respect of the sale of tickets
Oil the petition of either of the aforesaid railroad compa-
iiies or any citizen of the District of Columbia. And power in re joint op-
is hereby given to the Metropolitan Railroad Company and l^ck^creek Ry.
the Rock Creek Railway Company to contract with each
other for the purchase, sale, lease, or joint operation of the
line of said R<)ck Creek Railway Company on Florida ave-
riue and U street, or any part thereof.

Sec. C. That this Act shall take effect in thirty days
Sifter its passage.

Approved, February 26, 1895,

* 6175 10

WASHOrOTOH, ALEXAITDRIA AlTD MOUHT VERHOH ELECTRIC

RAILWAY COMPANY.

AN ACT to anthorize the Washinj^ton, Alexandria and Mount Vernon August 23, 1894.

Electric Railway Company to extend its line of road into and within

the District of Colnmbia, and for other pnrposes. Stats. 28, p.494.

JBe it enacted by the Senate and House of Representatives
of the United States of America in Congress a^semhled^ That Washington,
the Washington, Alexandria and Mount Vernon Electric MouS^^vem'^n
Bailway Company, a body incorporated under the laws of gj^*^^^^c RaUway
the State of Virginia, be, and is hereby, authorized to con- teMkmof tracks
struct and lay down a double track street railway, except ^"^^^^ ^- ^•
as hereinafter provided, with the necessary switches, turn-
oats, and other mechanical devices, the number and location
of which shall be approved by the Commissioners of the
District of Columbia, said street railway to be constructed
and laid down through and along the following routes:

Commencing on B street, between Seventh and Eighth Route.
streets northwest, at a point to be designated by the Com-
missioners of the District of Columbia, thence westward
along B street to Thirteen-and-a-half street, thence north-
ward on Thirteen- an da-half street to E street by single
track, thence westward on E street to Fourteenth street
on a single track, thence southward on Fourteenth street
Tising the tracks of the Belt Line Street Railway, to the
IPotomac River, thence across the Potomac River by a
suitable ferry or transfer barge to the Virginia shore, with
t;be privilege of a double track on B street from Thirteen-
and-a-half street, connecting with the Belt Line Street
DSailway tracks at Fourteenth street.

And said company is authorized to construct its road crossings.
across the tracks of the Pennsylvania Railroad at or near
the long bridge, under such regulations as may be pre-
scribed by the Commissioners of the District of Columbia.

And the said Washington, Alexandria and Mount Ver-
non Electric Railway Company is hereby authorized and
enii)owered to construct and maintain, after acquiring title
to the same, at the foot of Fourteenth street, a necessary
landing and slip for the operation of a ferryboat or transfer FenysUpsand
steamer, said landing and slip to be constructed on plans ^******
approved by the Secretary of War, and for the purpose of
connection to use an overhead wire for a distance of not
exceeding four hundred feet, commencing at the extreme
southern end of the slip.

And said company is also authorized and emx)owered to
construct, maintain, and operate, subject to the supervi-
sion of the Commissioners of the District of Columbia, a
doable-end steamboat or transfer barge for the transfer of

148

LAWS RELATING TO STREET-RAILWAY FRANCHISES.

streets

its cars, with all the modern improvements for the safety
and protection of its passengers: Provided, That the said
company be authorized to condemn for its use for said
landing and slip, as provided for in this Act, a space not
exceeding one hundred and fifty by two hundred feet.
Widening of Sec. 2. That whcncvcr the roadway of any street occu-
pied by the said railway company is widened, one-half of
the cost of widening and improvement of such widencKl
part shall be charged to the said railway company, and
collected from said company in the same manner as the
cost of laying or repairing pavements lying between the
exterior rails of the tracks of street railways, and for a
distance of two feet from and exterior to such track or
tracks on each side thereof, is collectible under the provi-
sions of section five of the Act entitled "An Act providing
a permanent form of government for the District of Colum-
bia, approved June eleventh, eighteen hundred and seventy-
eight.''

Sec. 3. That when the route described coincides with
that of a country road of less width than sixty-six feet, the
railway shall be constructed entirely outside the road.

Sec. 4. That the said railway shall be constructed in a
substantial and durable manner; and all rails, electrical
and mechanical appliances, conduits, stations, and so forth,
shall be of approved pattern, and subject to the approval
of the District Commissioners.

Sec. 5. That the said corporation shall at all times keep
the space between its tracks and rails and two feet exterior
thereto in such condition as the Commissioners of the Dis-
trict of Columbia or their successors may direct, and when-
ever any street occupied by said railway is paved or repaired
or otherwise improved the said corporation shall bear all the
expense of improving the spaces above described. Should
the said corporation fail to comply with the orders of the
Commissioners the work shall be done by the proper ofllcials
of the District of Columbia and the amounts due from said
corporation shall be collected as provided by section five of
the Act entitled "An Act providing a permanent form of
government for the District of Columbia, approved June
eleventh, eighteen hundred and seventy-eight.'' But no
overhead wires shall be used or constructed except as here-
inbefore provided nor shall steam power be used within th

Route on coun
try road.

Construction.

Paving.

Change
grades, etc.

of

Trenches,

limits of the city of Washington : Provided^ That the tracks
of said road shall not be used for the transportation of an>r
cars other than those used for the transportation of passen.-
gers on street railways.

Sec. 6. That nothing in this Act shall prevent the Dis-
trict of Columbia at any time, at its option, from altering
the grade of any avenue, street, or highway occupied by
said railroad, or from altering and improving streets, ave-
nues, and highways, and the sewerage thereof; in such
event it shall be the duty of said company at once to change
its said railway and the pavement so as to conform to such
grades and improventents as may have been established.

Sec. 7. That it shall be lawful for said railway compauy,
its successors or assigns, having first obtj^i^d tb© permia'

LAWS RELATING TO STREET-RAILWAY FRANCHISES. 149

sion of the Commissioners of the District of Columbia, to
iDake all needful and convenient trenches and excavations
in any of said streets or places where said company may
liave the right to constructand operate its road, and place in
such trenches and excavalions all needful and convenient
devices and machinery for operating said railroad in the
same manner and by the means herein provided, but shall
forthwith restore the streets to a like good condition as
they were before. But whenever such trenches or excava-
tions shall interfere with any sewer, gas, or water pipes,
or any subways or conduits, or any public work of the
kind which has been ordered by the Commissioners, then
the expense necessary to change such underground con-
struction shall be borne by the said railroad company.

Sec. 8. That the said company shall, before commencing i>epo8it for
work on said railroad on such street, deposit with the"^* rmams.
Treasurer of the United States to the credit of the Wash-
ington Aqueduct such sum as the Secretary of War may
consider necessary to defray all the expenses that may be
incurred by the United States in connection with the in-
spection of the work of construction of said railroad on such
Street, and in making good any damages done by said com-
pany, or its works, or by any of its contracting agents, to
any of said mains, fixtures, orapparatus, and in completing,
ds the Secretary of War may consider necessary, any of the
work that the said company may neglect or refuse to com-
plete, and that the Secretary of War may consider neces-
sary for the safety of said mains, fixtures, or apparatus, and
'the said company shall also deposit as aforesaid such further
sums for said purposes at such times as the Secretary of
^War may consider necessary: Provided^ That the said sum
shall be disbursed like other moneys appropriated for the
Washington Aqueduct, and that whatever shall remain of
said deposits at the end of one year after the completion
of said railroad in such street shall be returned to said com-
pany on the order of the Secretary of War, with an account
of its disbursement in detail: And provided also^ That dis-
bursements of said deposits shall, except in cases of emer-
gency, be made only on the order of the Secretary of War.
The exercise of the rights by this Act granted are to termi-
nate at the pleasure of the Secretary of War in case of per-
sistent neglect by said company, or by its successors, to
make the deposits, or to comply with any of the conditions,
requirements, and regulations aforesaid.

Sec. 9. That it shall also be lawful for said corporation, ^J^nginehonse^
its successors or assigns, to erect and maintain, upon pri- *
vate grounds, at such convenient and suitable points along
its lines as may seem most desirable to the board of direct-
ors of the said corporation and subject to the approval of
the said Commissioners, an engine house or houses, boiler
house, and all other buildings necessary for the successful
operation of a street railway.
Sec. 10. That the said railroad shall be commenced within c o m ni e n c e-

ji 1 A J 'j-i • J- j» j-i meDt aud com-

one year and completed withm two years from the passage pietion.
of this Act.
Sec. 11. That the said company shall run street railway >fot»ve power.

^S RELATING TO STREET-RAILWA i *.

cars propelled by uudergrouud cable or underground elec-
tric power : Provided^ That for the purpose of making a
continuous connection over the route hereinbefore described
and designated the said company shall have the right to
cross all streets, avenues, and highways that may be along
in g the designated route: Provided^ That whenever the fore-
going route or routes may coincide with the route or routes
of any duly incori>orated street-railway company in the
District of Columbia the tracks shall be used by both com-
panies, which are hereby authorized and empowered to use
such tracks in common, upon such fair and equitable terms
as may be agreed upon by said companies ; and in the event
the said companies fail to agree upon equitable terms, either
of said companies may apply by petition to the supreme
court of the District of Columbia, which shall imme^ately
provide for proper notice to and hearing of all i>arties
interested, and shall have power to determine the terms
and conditions upon which and the regulations under which
the company hereby incorporated shall be entitled so to use
and enjoy the track of such other street railway company,
and the amount and manner of compensation to be paid
therefor: And provided further y That neither of the com-
panies using such track in common shall be x>6rmitted to
make the track so used in common the dex)ot or general
stopping place to await passengers, but shaU only be
entitled to use the same for ordinary passage of its cars,
with the ordinary halts for taking up and dropping off
passengers : Providedy That this shall liot apply to or inter-
fere with any station already established on any existing
lines; that said corporation is authorized and empowered
to propel its cars over the line of any other road or roads
which may be in the alignment with and upon such streets
as may be covered by the route or routes as prescribed in
this Act, in accordance with the conditions hereinbefore
contained ; and that this corporation shall construct and
repair such portions of its road as may be upon the line or
routes of any other road thus used; and in case of any
disagreement with any company whose line of road is thus
used, such disagreement may be summarily determined
upon the application of either road to any court in said
District having competent jurisdiction,
p ass en g or Qec. 12. That the said company shall furnish and main-
>r stations. taiu passcugcr liouscs and transfer stations as required by
the Commissioners of the District of Columbia but no such,
passenger house or transfer station shall be built upon the
public streets or sidewalks or upon public property and
shall place first-class cars on said railway with all the mod-
ern improvements for the convenience, comfort, and safety
of passengers, and shall run cars a^ often as the public con-
venience may require in accordance with a time-table
approved by the Commissioners of the District of Colum-
bia. Every failure to comply Avith the conditions of this
section shall render the said corporation liable to a fine o^
fifty dollars for each day said failure occurs, to be recoT
ered in any court of competent jurisdiction at the suit^
^^fi^ Commissioners of said District.

LAWS RELATING TO STREET-RAILWAY FRANCHISES. 151

Sec. 13. That the Commissioners of the District of Co- speed.
Inmbia may make sach regulations as to rate of speed, mode
of use of toacks, and removal of ice and snow as in their Bemovaiof ic©
jadgment the interest and convenience of the public may"" *°**^*
xequire. Should the servants or agents of said company
"willftilly or negligently violate such an ordinance or regu-
lation as aforesaid shall be liable to the District of Colum-
T)ia for a penalty not exceeding five hundred dollars.

Sec 14. That all articles of value that may be inadvert- Articles left in
ently left in any of the cars or other vehicles of the said °*"'
company shall be taken to its principal depot and entered
in a book of record of unclaimed goods, which book shall
be open to the inspection of the public at all reasonable
hours of business.

Sec. 15. That said company shall, on or before the Annual report.
fifteenth of February of each year, make a report to Con-
gress, through the Commissioners of the District of Colum-
bia, of the names of all the stockholders therein and the
amount of stock held by each, together with a detailed
statement of the receipts and expenditures within the Dis-
trict of Columbia, from whatever source and on whatever
account, for the preceding year ending December thirty-
first, and such other facts as may be required by any gen-
eral law of the District of Columbia, which report shall be
verified by the affidavit of the president and secretary of
said, company, and, if said report is not made within ten
clays thereafter, such failure shall of itself operate as a for-
:feiture of the privileges and rights hereby granted to said
company, and it shall be the duty of the Commissioners to
cause to be instituted proper judicial proceedings therefor;
and said company shall pay to the District of Columbia, in Taxes.
lieu of i>ersonal taxes upon personal property, including
cars and motive power, each year, four per centum of its
gross earnings in the District of Columbia, which amount
shall be payable to the collector of taxes at the times and
in the manner that other taxes are now due and payable,
and subject to the same penalties on arrears; and the fran-
chise and property of said company, both real and personal,
to a sufficient amount may be seized and sold in satisfac-
tion thereof, as now provided by law for the sale of other
property for taxes ; and said per centum of its gross earnings
shall be in lieu of all other assessments of personal taxes
upon its property used solely and exclusively in the opera-
tion and management of said railway. Its real estate shall
be taxed as other real estate in the District of Columbia:
Provided^ That its tracks shall not be taxed as real estate.

Sec. 16. That said company shall receive a rate of fare ^«»
not exceeding five cents per passenger, including transpor-
tation to the Virginia shore; and the said company may
make arrangements with all existing railway companies in
the District of Columbia for the interchange of tickets in
payment of fare on its road: Provided^ That witliin the
limits of the District of Columbia six tickets shall be sold
for twenty-five cents.

Sec. 17. That the said company shall have at all times ^^«"*« "'
the free and uninterrupted use of the roadway, subject to

152 LAWS REL4TING TO STISeET-RAILWAY FRANCHISES.

the rights of the public, and if any person or persons shall
Tvillfully, mischievously, and unlawfully obstruct or impede
the passage of cars of said railway company with a vehicle
or vehicles, or otherwise, or in any manner molest or inter-
fere with passengers or operatives while in transit, or de-
stroy or injure tlie cars of said railway, or depots, stations,
or other property belonging to the said railway company,
the person or persons so offending shall forfeit and pay for
each such offense not less than twenty-five nor more than
one hundred dollars, to be recovered as other fines and
penalties in said District, and shall remain liable, in addi-
tion to said penalty, for any loss or damage occasioned by
his or her or their act as aforesaid; but no suit shall be
brought unless commenced within sixty days after such
offense shall have been committed.
Crossings. Seo. 18. That the said company shall have the right of

way across such other railways as are now in operation
within the limits of the lines granted by this Act, and is
hereby authorized to construct, at its own cost, its said
road across such other railways, under the supervision and
control of the Commissioners of the District of Columbia:
Providedj That it shall not interrupt the travel of such
other railways in such construction.
^Jj®^*i«^ ^r«°^ Sec. 19. That no person shall be prohibited the right to
travel on any part of said road or ejected from the cars by
the company's employees for any other cause than that of
being drunk, disorderly, or contagiously diseased, or refus-
ing to pay the legal fare exacted, or to comply with the
lawful general regulations of the company.
Condemnation Sec. 20. That in the cvcut the company should not be
proceedings. g^^]^ ^^ comc to an agreement with the owner or owners of

any land through which the said road may be located or
pass, proceedings for the condemnation for the use of the
company of so much of said land as may be required, not
exceeding fifty feet in width, may be instituted under th
provisions of chapter eleven, lievised Statutes, relating ti
the District of Columbia: Provided., That any property
owner shall have the right of trial by jury in any such issue
Plans. Sec. 21. That all plans relating to the location and con

struction of said railway shall be subject to the approv
of the Commissioners of the District of Columbia, or thei
successors, and all work shall at all times be subject
their supervision. The said corporation shall from time
time deposit with the collector of taxes, District of C
lumbia, such amounts as may be deemed necessary by 8a.:Mrf
Commissioners to cover the cost of inspection, sux>ervisi(^ t/^
pavement, and repairs.
Tracks and Sec. 22. That the tracks and ferry of said compaiij
useJ i™ Van 8 ^^^^^^ ^^^® District of Columbia shall be deemed and tafce/i
Church*^ and Po^ to bc a public highway, to the extent that they may be
tomao Railway, f^^ely uscd for the passagc of cars by the FalisOhurch and
Potomac Railway Company from such point as said com-
pany may connect with the Washington, Alexandria and
Mount Vernon Electric Eail way Company, and may ran
its cars to the eastern terminus of said latter-named com-
pany's road. Aud the cars of said Falls Ohoroh and Polo-

LAWS RELATING TO STREET-RAILWAY FRANCHISES. 153

mac Railway Company shall be propelled over the said
line, from said junction to said eastern terminus, by the
motive power ot* said Washington, Alexandria and Mount
Vernon Electric Railway Company, and the said Falls
Churcli and Potomac Railway Company shall have the
right to collect fares on its said cars as fully as if opera-
ting that portion of the line in its own right. But said
FaUs Church and Potomac Railway Comi)any shall make
just compensation for the use of said track, ferry, and
motive power; and in case any dispute should arise con-
cerning sucli compensation or manner of use any party in
interest may apply to the supreme court of the District of
Columbia, which court is hereby empowered to fix the
amount to be paid for such use and motive power and the
mode in which such use may be enjoyed : Provided^ Tliat
the limitations, requirements, and restrictions imposed by
this Act upon the Washington, Alexandria and Mount
Yemen Electric Railway Company shall apply to the Falls
Church and Potomac Railway Company; and the said
Falls Church and Potomac Railway Company shall be
subject, in case of any violation of the limitations, require-
ments, and restrictions aforesaid, to the same fines, penal-
ties, and forfeiture of the privileges and riglits herein
granted as the Washington, Alexandria and Mount Yernon
Electric Railway Company is subject to.

Seo. 23. That should the Washington, Alexandria and ^^ ^r^ka^ Ar-
Mount Yernon Electric Railway Comi)any fiiil or refuse to tion.**° ^^
construct a double-track street railway on the Yirginia
side of the Potomac River to the Arlington Reservation and
provide accommodations for the necessary travel from the
city of Washington to Arlington within one year from the
approval of this Act, then all the riglits, powers, privileges,
and franchises conferred upon said company by this Act
within the jurisdiction of the District of Columbia shall be,
and the same are hereby, forfeited.

Seo. 24. That all the conditions, requirements, and obli- condition8.etc.
gations imposed by the terms of this Act upon the Wash- ^i»^}|bocompii«l
iugton, Alexandria and Mount Yernon Electric Railway
Company shall be complied with by any and all the suc-
cessors to and assigns of said company.

Sec. 25. That this Act may at any time be altered. Amendment.
amended, or repealed by the Congress of the United States.

Approved, August 23, 1894.

AN ACT grauting the right of way through the Arlington reservatiou I^*«- 8» 1894.

for electric railway purposes. "stete.^, ^593.

Be it enacted hy the Senate and House of Representatives
of the United States of America in Congress assembled, That wa«h., Aiex.
the Washington, Alexandria and Mount Vernon Kleetric J" ^^^ ,.^'^J'J'?3
Railway Company, a body incorporated under the laws of right of way
the State of Virginia, be, and is hereby, authorized to con- Sr^^er^Ition!
struct and thereafter maintain and operate its electric rail-
road across the lower and eastern portion of the grounds
of the United States Government known as the Arlington

LAWS RELATING TO STREET-RAILWAY FRANCHISEb.

reservation, in the State of Virginia, opi>osite the city of
to. Washington, said line to be east of and contiguoas to the

river road, except that said line running northerly may be
diverted from said river road easterly at a point not more
than twenty rods southerly from the intersection of the
river road with the northerly line of said reservation: Pro-
vided^ That this diversion shall not exceed twenty rods from
said river road easterly; and for such purx)ose said com-
pany is hereby granted a right of way fifty feet in width,
not including slopes, through the grounds aforesaid. And
the said company shall repair at its own expense, in a man-
ner satisfactory to the Secretary of War, any damage,
injury, or displacement that may be done to roads, foot-
ways, bridges, or fences upon or through the Government
lands referred to in this Act by the construction or opera-
tion of the said electric railway company, and shall erect
such sheds or other shelter for the comfort and convenience
of passengers and at such points as the Secretary of War
shall direct: Provided ^ That said line or route shall be sub-
To beapprovedject to the approval of the Secretary of War; and when
by Sec. o ar. ^^^j^ right of Way shall cease to be used for the purpose
aforesaid, the same shall revert to the United States Gov-
ernment. And said road shall be commenced within one
year from the date of the passage of this Act and finished
within three years: And provided further^ That nothing in
No steam this Act Shall allow the use of steam power: And provided
P®^®'- further J That the said railway company shall not cross,

enter, touch upon, or be granted any right whatsoever upon
that part of the Government land set aside and known as
the Arlington National Cemetery. And that material for
the building, grading, or ballasting of said electric railway
shall not be obtained from, nor shall the trees be disturbed
on, the Arlington reservation: And provided further^ That
Tracks may be the tracks of Said compauy may be freely used for the pas-
ch^rch^dPott^ sage of cars by the Falls Church and Potomac Kailway
mac By. Company from such point as said company may connect

with the Washington, Alexandria and Mount Vernon Elec-
tric Eailway Company. And the cars of said Falls Church
and Potomac Eailway Company shall be propelled over the
said line, from its junction therewith, by the motive power
of said Washington, Alexandria and Mount Vernon Electric
Kailway Company; and the said Falls Church and Poto-
mac Railwaj'^ Company shall have the right to collect fares
on its cars as fully as if operating that portion of the line
Terms of use. in its owu right. But said Falls Church and Potomac Rail-
way Company shall make just compensation for the use of
said track and motive power; and in case any dispute
should arise concerning such compensation or manner of
use, any party in interest may apply to the supreme court
of the District of Columbia, which court is hereby empow-
ered to fix the amount to be paid for such use and motive
power and the mode in which such use may be enjoyed:
Limitations, Prot7t(Z6e2, That the limitations, requirements, and restric-
laiisChlSchMdtions imposed by this Act upon the Washington, Alexan
PotomM Baii-(}ria, ^ud Mount Yernou Electric Railway Company sba)
^* apply to the Falls Church and Potomac Railway Compan;

LAWS RELATING TO STREET-RAILWAY FRANCHISES. 155

And tlie said Falls Cliurch and Potomac Eailway Company

shall be subject, in case of any violations of the limitations,

reqairemeuts, and restrictions aforesaid, to the same fine,

penalties, and forfeiture of the privileges and rights herein

granted as the Washington, Alexandria and Mount Vernon

Electric Railway Company is subject to : Provided^ That

no cars owned or used by any steam railroad company shall

be drawn over the tracks of this road lying within the

reservation, and that the sidings and turn-outs within the

reservation shall not be used for the assembling or storage

of cars, except for the purpose of the accommodation and

transportation of passengers on the same day.

Sec. 2. That the right to repeal, alter, or amend this Act »eperf.

, . ^ ^ '■ ^ ' Amendment.

18 reserved to Congress.

Approved, December 8, 1894.

WASHINGTON AND ABXIN6T0N EAILWAT COMPANY.

[Obsolete.]

AN ACT to incorporate the Washington and Arlington Railway Com- Feb. 28, 1891.

pany of the District of Columbia. stats. 26, pT^.

Be it enctcted by the Senate and House of Representatives
of the United States of America in Congress a^seinbled^ That Washington
W. H. Eandle, D. C. Forney, J. S. Lawrence, Beriali Wil- R°an/a'y°com°
kins, C G. Lee, James L. Barbour, and their associates and P*°y incorporat-
assigns, be, and they are hereby, created a body corporate*^ '
under the name of the Washington and Arlington Eailway
Company of the District of Columbia, with authority to
construct and lay down a single or double track railway,
with necessary switches, turn-outs, and other mechanical
devices for operating the same, by horse, cable, compressed Motive power
air or other power to be approved by the Commissioners of
the District of Columbia, or electric power, for carrying
passengers, parcels, milk, and truck, by the following route, Route.
namely : Beginning on Sixth street near B street northwest ;
along B street and Virginia avenue northwest to Twenty-
sixth street; along Twenty-sixth street to M street; along
M street and Canal road to a point on the Potomac Kiver May bridge
at or near the point known as '* The Three Sisters," where xhree^isters.**
the said company is hereby authorized to construct and
maintain a bridge across the Potomac River on such plans as
the Secretary of War may approve; and from thence by,on,
and over such lines as may be selected by the said company,
with the approval of the Secretary of War, to the northwest
entranceof the Arlington Cemetery, and thence through the
Arlington estate outside of the cemetery grounds to the south
orwest line thereof, in the State of Virginia: Provided^ That
said road shall cross the Chesapeake and Ohio Canal on a
bridge that shall be so constructed as not to interfere with
the use of the bed or towpath of the canal as a w^aterway,
or as a railway, and in a manner satisfactory to the Secre-
tary of War: Provided j That said company shall not oper- overhead wirea.
ate any part of its line by electric power with overhead
wires within the city limits: Provided^ That should any coinciding
part of the track herein authorized occupy the same street *™c^8-
or avenue with portions of any other duly incorporated
street railway in the District of Columbia but one set of
tracks shall be used ; and the relative conditions of use and
of chartered rights may be adjusted upon terms to be mutu-
ally agreed upon between the companies, or, in the case of
disagreement, by the supreme courtof the District of Colum-
bia on petition tiled therein by either party, and on such
reasonable notice to the other party as the court may order :
And provided^ That no work shall be done on said road in
the District of Columbia, until the plaus wd speciflcatiQ^8

167

158 LAWS RELATING TO STREET-RAILWAY FRANCHISES.

for the proposed bridge on the Potomac Eiver at or near
tobi^^i^vedfy "The Three Sisters" shall have been approved by the Sec-
sec. of War. retary of War, and the construction of said bridge actually
commenced: And provided^ That so much of said line as
may lie within the State of Virginia shall first receive the
approval of the proper authorities of said State. And
said company is hereby authorized to run its said railway
through the United States reservation known as Fort Meyer
and such other laud of the United States in the State of
Virginia, excepting the Arlington Cemetery Grounds, as
may be necessary to construct the railway between the
points named in this bill: only if the Secretary of War
shall deem the same promotive of the public interest and
always subject to such conditions and regulations as the
Secretary of War may from time to time impose.
Railway on Sec. 2. That the railway hereby authorized and lying in
bridge. ^^^ District of Columbia and on the bridge shall be con-

structed by said company of good material, and in a sub-
stantial manner, with grooved rails of the best pattern, and
jointapprovai.of a suitable gauge, — all to be approved by the Commis-
sioners of the District of Columbia and the Secretary of
Tracks, etc., in War jointly. The tracks of said railway, so far as the same
District. shall lie within the District of Columbia, and the space

between the same and for two feet adjacent to the outer
rails thereof, shall be at all times kept by said company well
Paving. paved and in good order to the satisfaction of the Commis-
sioners of the District of Columbia; and it shall be lawful
for said company to make all needful and convenient
trenches and excavations in any streets or spaces where its
railway may be constructed, and to place in such trenches
and excavations all the needful and convenient devices and
machinery for operating said railway in the manner and by
the means aforesaid, subject to the approval of the Com-
missioners of the District of Columbia, and subject to the
other provisions of this act; and, also, it shall be lawful
for said company to erect and maintain, at such convenient
and suitable points along its line not in any avenue, street,
alley, or other public place as may be deemed advisable
by said company or its board of directors, and subject to
the approval and regulations from time to time made by the
Commissioners of the District of Columbia over the place
^Enginehouses, or placcs whcrc the same may be located, an engine house
or houses, boiler house or houses, and other buildings neces-
sary for the successful operation of said road.
Fare. &BC. 3. That the said company may receive a rate of fare

not exceeding five cents for each passenger for one contin-
uous ride over the route aforesaid or any i)art thereof,
between the termini of said railroad, and shall sell tickets
at the rate of six for twenty-five cents. Said company
shall, on or before the fifteenth day of January of each
Annual report. y^g^P^ Tcport to Cougrcss the uamcs of all the stockholders
thereof and the amount of stock held by each, together with
a detailed statement of the receipts and expenditures from
different sources and on whatever account for the preced-
ing year ending December thirty-first, which report shall
be verified by the affidavit of the president and secretary

LAWS RELATING TO STREET-RAILWAY FRANCHISES. 159

of said company; and said company shall pay to the Dis-
trict of Columbia, in lieu of taxes on personal property for Taxes.
the next ensuing fiscal year, four per centum of its gross
earnings upon traf&c for the preceding year, which amount
shall be paid to the collector of taxes at the times and in
the manner that other taxes are or may be payable and
subject to the same penalty in case of arrears; and the
franchise and property of said company, both real and per-
sonal, to a sufficient amount may be seized and sold in
satisfaction thereof in the same manner as is or may be
provided by law for the sale of other property for taxes,
and said per centum of its gross earnings shall be in lieu
of any and all other assessments upon its personal property
in the District of Columbia, used solely and exclusively in
the operation and management of said railway ; but its real
estate in said District shall be taxed as other real estate
therein: Provided, That its tracks shall not be considered
real estate for the purpose of taxation.

8eo. 4. That the capital stock of said company shall be capital stock.
fifty thousand dollars, and may be increased to three hun-
dr^ thousand dollars by order of a majority of the stock-
holders at a general meeting, in shares of one hundred
dollars each. Said company shall require the subscribers subscription.
to its capital stock to pay in cash to the treasurer, ap-
pointed by the corporators hereinbefore named, the amounts
severally subscribed by them as follows, to wit: Ten per
centum at the time of subscribing and the balance at such
times and in such amounts as the board of directors of said
company may require ; and no subscription shall be deemed
valid unless ten per centum thereof shall be paid at the
time of subscription, as hereinbefore provided; and if any
stockholder shall refuse or neglect to pay any installment
or installments as aforesaid, or as required by the resolution
of the board of directors, said board may sell at public
auction to the highest bidder so many shares of the stock
of such defaulting stockholder as shall be necessary to
pay said installments, under such general regulations as
may be adopted by the by-laws of said company, and for
the purjwses of such sale the highest bidder shall be
deemed and taken to be the person who shall offer to pur-
chase the least number of shares for the assessments due;
but no stock shall be sold at such sale for less than the
total assessments due and payable at the time thereof; or
said company may sue and collect from any delinquent
subscriber, in any court of competent jurisdiction, the
amount of the assessments at any time due and payable
in accordance herewith, and bonds may be issued in amount Maximum
not exceeding fifty per cent, of the stock subscribed and^ul"*^ ^^^
paid for : Provided, That the entire issue of stock and bonds
shall not exceed the actual cost of constructing and equip-
ping the road, including the bridge ; and provided, also, that
the total amount of bonds issu^ shall not exceed double
the amount of the paid-up stock; and every certificate of
stock issued shall show the amount paid on same, to be
secured by mortgage or deed of trust upon the property of
the company.

cars.

160 LAWS RELATING TO STREET-RAILWAY FRANCHISES.

Cars. Sec. 5. That said company shall place first-class cars on

its said railway, with all modern improvements, for the con-
venience and comfort of passengers, and shall run cars
thereon as often as the public convenience may require, and
Schedule. accordiug to a schedule to be made from time to time by
said company and approved by the Commissioners of the
District of Columbia, but no steam cars, locomotives or
passenger or other cars for steam railways shall ever be run
on the tracks of said railway in the District of Columbia.
Necessary land, g^id (iomj^any may buy land on which to construct passenger-
rooms, ticket-offices, workshops, depots, and buildings as
may be necessary, and as the business of said railway and
the convenience of the public may require, at such points
along its line as may be approved by the Commissioners
of the District of Columbia, as to so much of its railway as
lies within the said District, and the Secretary of War as
^ectmentfrom to tlic remainder of said railway. No person shall be pro-
hibited from riding on the cars of said company or ejected
therefrom by the company's employees for any other cause
than being drunk, disorderly, or contagiously diseased, or
for the use of profane or indecent language, or for refusing
to pay the legal fare exacted, or to comply with the lawful
general regulations of said company.
scr^thTD*"^ «"^- Sec. G. That within thirty days after the approval of
scrip ion. ^^ .^ ^^^ ^^^ corporators above named, or a majority of them,

or if any refuse or neglect to act, then a majority of the
remainder, shall cause books of subscription to the capital
stock of said company to be opened, and kept open, in some
convenient and accessible place in the District of Columbia
from nine o'clock in the forenoon until five o'clock in the
afternoon for a period to be fixed by said corporators, not
less than two days (unless the whole stock shall be sooner
subscribed for), the said corporators shall give notice, by
advertisement in two or more of the daily papers published
in the city of Washington, District of Columbia, of the time,
manner, and the place where said books shall be opened,
and subscribers upon said books to the capital stock of
said company shall be held to be stockholders therein:

Payments on Provided j however, That every subscriber shall pay at the
time of subscription ten per centum of the amount by him
subscribed to the treasurer appointed by the corporators
aforesaid, or his subscription shall be null and void; And
provided further, That nothing shall be received in pay-
ment of the ten per centum aforesaid except lawlul money
of the United States or certified checks of any established

Meeting of national bank. And when the books of subscription to the
stockholders, capital stock of Said company shall be closed the corpora-
tors aforesaid, or a majority of them, and in case any of
them refuse or neglect to act, a majority of the remainder,
shall, within twenty days thereafter, call the first meeting
of the stockholders of said company to meet ten days there-
after for the choice of directors, of which meeting notice
shall be given by advertisement three times in two public
newspapers published daily in the city of Washington
aforesaid, and by written personal notice to be mail^ to
the address of each stockholder by the treasurer aforesaidf

1,AWS RELATING TO STREET-RAILWAY FRANCHISES. 161

and in any meeting of stockholders each share shall entitle
the holder to one vote, which may be given either in per-
son or by proxy.

Sbc. 7. That the government and direction of the aflfairs^^^g^**'^*^^^^®*^
of said company shall be vested in a board of directors,
not less than five nor more than nine in number, who shall
be stockholders of record and who shall hold office for one
year, and until their successors are duly elected and quali-
fied, and the said directors (a majority of whom shall be
a quorum) shall elect one of their number to be president officers.
of said company, and shall also elect a vice-president, sec-
retary, and treasurer, the last named of whom shall give a
bond, with surety, to said company in such sum as said
directors may require, for the faithful discharge of his trust.
In case of vacancy in the board of directors by death,
resignation, or otherwise of any director, the vacancy occa-
sioned thereby shall be filled by the remaiuing directors,
or in such other manner as the by-laws of said company By-iaws.
may prescribe. The directors of said company shall have
power to make, prescribe, amend, and alter such by-laws,
rules, and regulations as they shall deem needful and
proper touching the management of said company, and the
disposition and management of its stock, property, estate,
and effects.

Sec. 8. That the principal office of said company shall ^^6.""'''^*^ *'^'
always be situated in the District of Columbia, and the
books and papers relating to the business of said company
shall be kept thereat, open at all times to the inspection of
the stockholders. The meetings of the stockholders, and
directors of said company shall be held at said office, and
there shall be an annual meeting of the stockholders for Annual meet-
choice of directors to be held at such time, under such con- ^°^'
ditions, and upon such notice as the said company shall
by its by laws prescribe, and said directors shall hold
such meetings as may by said by-laws be prescribed, and
shall annually make a re])ort, in writing, of their doings to Annuaireport.
the stockholders and to the Commissioners of the District
of Columbia. The book in which transfers of stock shall
be recorded shall be closed for the purpose of such trans-
fer thirty days before the annual election as respects said
election, and for the purpose of paying dividends at such
lawfol and reasonable times before the payment thereof as
the by-laws of said company may prescribe.

Sec. 9. That said company shall commence the construe- ^^"^^^tkl^*
tion of its said railway within twelve months from the*" *^°*p**
approval of this act, and said railway shall be built its
entire distance, with switches and turn-outs, and with cars
running thereon for the accommodation of passengers
within three years from the date of such approval; other-
wise this act shall be null and void.

Sec. 10. That the tracks of said company on the ^ri^g^andbrfd*??"
and the approaches to said bridge may be freely usedSSierTOmpanief.
for the passage of cars with motive power of the kind
described by this act belonging to any individual or cor-
poration legally authorized thereto, upon making just com-
pensation for such use, and in case any dispute shall arise

6175 ^11

162 LAWS RELATING TO STREET-RAILWAY FRANCHISES.

concerning such compensation or manner of use any party
in interest may apply to the Supreme Court of the District
of Columbia, which court is hereby empowered to fix the
amount to be paid for such use and the mode in which
such use may be enjoyed.
Construction. gjjc. 11. That if the corporation cannot agree with the
owner for the purchase, use, or occupation of land, gravel,
earth, timber, or other material required for the construc-
tion, enlargement, or repair of any of its works, or if the
Acquisition of Qwucr bc a married woman, infant, non compos mentis, or
^^^*^' out of the District, the said corporation may apply to the

supreme court of the District of Columbia, at any general
or specijil term thereof, and said court after reasonable
public notice and hearing shall proceed with the condem-
nation of such land or property for the use aforesaid.
prSSSd?]^"**'**'' Sec. 12. That for the purpose of ascertaining the value
of any land or property so condemned the said court may
direct the marshal and the marshal shall accordingly sum-
mon eighteen disinterested men, not related to either party;
and if any of them refuse to attend he may then summon
or call others immediately to make up the number of eight-
een. Each party shall have the right, in person or by attor-
ney or agent, if present at the time, to strike off three, and
the marshal shall strike off such as shall not be so stricken
off by the parties, until the number shall be reduced to
twelve, who shall be a jury.
Oath, etc. Sec. 13. That the marshal shall then administer an oath

or affirmation to every person of the jury that he will
impartially and to the best of his skill and judgment value
the land or other property required by the corporation, and
also, if the same be land required for the construction of
the said railroad or work, the damage which the owner will
sustain, if any, by the taking of the land for such use.
inqoisitionand The jury shall accordingly inquire of such value and dam-
^^^' age, and make report thereof in writing, to be signed by

them all, and setting forth in case of land the boundaries
of the land and the estate, interest, or use to be taken by
Return. the Corporation. Such inquisition and report shall be

returned by the marshal to the clerk ®f the circuit court of
the District of Columbia.
Confirmation Seo. 14. That such inquisitiou and report shall be con-
to be recorded. f[rm^^ ]^j gu^jjj^ court uulcss good causo bc showu to the

contrary, and when confirmed shall be recorded by the

clerk of said court; but for cause the court may set it aside

Newinquisition and ordcr auothcr inquisition, or more than one from time

may be ordered. ^^ time, to bc couductcd iu like mauucr as the first and

with like effect, until an inquisition and report shall be con-
firmed by the court. Upon such confirmation of the first
or any subsequent inquisition and report and ux>on pay-
Payment. mcut or tender of the amount fixed in the inquisition to be
paid by the corporation, either to the owner or in court, as
the court shall order, the said corporation shall be entitled
to the property according to the nature of such condemna-
tion and appropriation for the uses mentioned ia this act
Protection of Sec. 15. That Said railway shall be constracted in Bach
water pipea. q manner as not to injure or endanger any of the pipeSy j

LAWS RELATING TO STREET-RAILWAY FRANCHISES. 163

fixtures, or apparatus of the water works supplying the
District of Columbia, or any part thereof, and the opera-
tions of said company shall always be subject to the con-
trol and direction, in this respect, of the Secretary of War,
and subject to the right of the Secretary of War, or other
lawful public authority, to interrupt the construction or
use of said railway whenever necessary for the protection
or repair of such water works, or in respect of any increase
thereof or additions thereto. If in the course of construc-
tion of said railway, or at any time thereafter, it shall be
deemed by the Secretary of War necessary for the better
protection of such water pipes, fixtures, or apparatus, or
for other water pipes, fixtures or appijratus that may be
laid or applied, to raise or otherwise fix or adjust any ave-
nue, street, road, alley or public place containing or to con-
tain such pipes, or to otherwise adjust the same so as to
produce absolute security for all such pipes and apparatus
existing or to be laid or arranged at any point or points on
or contiguous to the line of said railway, such changes i^gr^e*etl^* **^
grade and otherwise, or works, as shall be deemed neces-
sary by the Secretary of War shall be made, done and
performed by and at the expense of said railway company,
and its successors and assigns, to the satisfaction of the
Secretaryof War ; andtheremainderof width of anyavenue,
street, alley, road, or other public place, at all such points
or places, shall be raised, adjusted, repaved and put in con-
dition, safe for all such pipes and apparatus, and in a man-
ner satisfactory to the Secretary of War, and in conformity
to any order of the Secretary of War in the matter, and
at the expense of said company, and its successors and
assigns. Any structure, work in or change in the condition
of any such avenue, street, road, alley or public place, not
made in conformity with the provisions in this act contained,
shall be unlawful.

Sec. 16. That Congress hereby reserves to itself the right Amendment.
at any and all times to alter, amend, or rex)eal this act.

Approved, February 28, 1891.

JOINT RESOLUTION correctiug an error iu an enrolled bill. March 2, 1891.

Whereas the act to incorporate the Washington and Ar- nu***®* ^' ^*
liugton Eailway Company, as enrolled, fails to express
the intent of the two houses as manifested by the adop-
tion of the report of the conference committee on the
amendments between the two houses thereon: Kow,
therefore, for the purpose of correcting said error and
for no other purpose.

Resolved by the Senate and House of Representatives of ^^^^^^^^
the United States of America in Congress assembled^ Thatco.
section four of the act entitled "An act to incorporate the, ^"^'' inchar-
Washington and Arliugton Eailway Company of the Dis-
trict of Columbia" be, and same is hereby, amended so that
ttie last sentence of said section after the words "in accord-

164 LAWS RELATING TO STREET-RAILWAY FRANCHISES.

ance herewith" shall read as follows: "And bonds to be
Maximum bond secured by mortgage or deed of trust upon the property of
the company may be issued to the amount oi five hundred
thousand dollars: Provided^ That the eutire issue of stock
and bonds shall not exceed the actual cost of constructing
and equipping the road, including the bridge: And pro-
vided alsOj That the total amount of bonds issued shall not
exceed double the amount of paid up stock, and every
certificate of stock shall show the amount paid on the same.

Approved, March 2, 1891.

WASHDrGTOH AHD GBJBAT FALLS ELEGTBIG BAILWAT G0MPAH7.

AN ACT to incorporate the Washington and Great Falls Electric Rail- Jnly 29, 1892.

way Company. Stet». 27. p. 326.

Be it enacted hy the Senate and House of Representatives
of the United States of America in Congress assembled^ That Washington
W. C. Codd, and James F. Morrison, of tlie State of Mary- Soctri^RaUwi^
land, and James L. Barbour, James Bobbins, Smith I^et- ^o™pjyy^^^»j-
tit, John G. Slater, Edwin Baltzley, Edward Baltzley, J. P. SS)? ^*™*°
Clark, Simson De. F. Jennings, and Edward B. Cottrell,
of the District of Columbia, and their associates and suc-
cessors, are hereby created a body politic and corporate, in
fact and in law, by the name of the Washington and Great
Falls Electric Railway Company, and by that name shall
Lave perpetual succession, and shall be able to sue and
be sued, plead and be impleaded, defend and be defended
in all courts of law and equity, and may make and have a
common seal, and alter the same at their pleasure; and the
said corporation is hereby authorized to locate, construct,
equip, maintain, and operate a continuous line of single or
double track railway, and all necessary sidings, stations,
switches, turnouts, and other devices, and to operate the
same by electricity through and along the following named
streets, avenues, and roads, to wit : Beginning at a point, to ,^°°** (repeiJ-
be located by the Commissioners of the District of Colum- ^'
bia, west of the north end of the Aqueduct Bridge, and
running thence west over the Canal road on an elevated
railway of iron colums and beams, with wood cross-ties and
poards, to be built so as not to interfere with the use of the
Chesapeake and Ohio Canal and so as to preserve to the pub-
lic the full use of the Canal road. The said company shall
submit the plans of said elevated railway to the Commis-
sioners of the District of Columbia for their approval, and
no work shall be done on said railway by said company
before such approval in writing. In respect of everything
that may pertain to the strength of the structure and to the
safety and convenience of the public the construction and
operating of said elevated railway shall at all times be sub-
ject to the control and approval of the said Commissioners,
and the said company shall make good to the District of
Columbia all damages done by it or by itscontracting agents
to the Canal road and other roads belonging to the District
of Columbia, and shall also make good to the District of
Colombia all the costs of inspection of the company's work
by the authorized agents of the said District. In respect of
everything that may pertain to the safety of the United
States water mains in the Canal road, the plans, the con- water ro«iii«.
stmction, and the operating of said elevated railway shall

166 LAWS RELATING TO STREET-RAILWAY FRANCHISES.

be subject to the control and approval of the Secretary of
War. For the safety of travel on said Canal road, and before
commencing to run its cars on said elevated railway, and
subject to the inspection and approval of the Commission-
ersof the Districtof Columbia, the said company shall, at its
Wall on Canal owii expeusc, coustruct a substantial masonry wall between
Road (repealed). ^^.^ ^^^^^ ^.^^^ ^^^ ^^^ Chesapcakc and Ohio Canal

throughout the entire distance on said road occupied by
said elevated railway; and the said company also at its
own expense and within the same time and subject to the
same approval and acceptance, shall pave the said portion
of said road with granite blocks or vitrified brick in the
Route. ij^st manner. From the Canal road the route of said rail-

way is to run westerly along the top of the bluff on the
north side of the Canal road, and outside and south of the
southern boundary of the land of the Washington Aque-
duct pertaining to the distributing reservoir, to a point on
said boundary not more than six hundred feet from the
western boundary of said land; thence across said land
but at no point less than two hundred feet from the outer
crest of the dam of said reservoir, to said western bound-
ary; thence westward ly on a route exterior to and on the
south side of the land of the United States pertaining to
the Conduit road to the land of the said aqueduct pertain-
ing to the receiving reservoir; thence through said land to
a poiut on the land of said aqueduct near the westerly loot
of Delecarlia Hill; thence westwardly on a route exterior to
and on the south side of the land of the United States per-
taining to the Conduit road to Cabin John Creek, return-
ing thence along the same line, by return tracks to the
place of beginning, with the privilege of constructing a
branch line, with a single or double track, from the Con-
duit road lands south to Chain Bridge, on land to be ac-
Bnt one rail- quircd by the corporation : Provided^ That there shall be
TiiJi^to ^couSSft^ttt 01^® railway parallel to and near the Conduit road and
road. there shall never be more than one double track on or over

the Canal road, and all acts or parts of acts granting the
use of the surface of the Canal road, or any part thereof, for
laying railway tracks thereon andoperatiDgcars thereon are
hereby repealed; and wherever the route specified in this
Co i n c i d i n g act is parallel with or coincides with the route of any other
tracks. railway the two companies shall maintain and use but one

set of double tracks, and any violation of this provision by
the said Washington and Great Falls Electric Bailway Com-
pany shall operate as a repeal of this charter ; and matters of
dispute between the companies respecting railways parallel
to the Conduit road, and affecting the same, whether in the
District of Columbia or in Maryland shall be referred to
and determined by the Secretary of War and matter in
dispute between the companies respecting railways on the
Canal road shall be determined upon the application of
either road to any court in the District of Columbia having
feet"from centOT^^^^^P®*®^^^ jurisdiction. The inner rail of said Washing-
of Conduit road, tou and Great Falls railway shall not at any place on the
line of said railway be less than one hundred feet from the

LAWS RELATING TO STREET-RAILWAY FRANCHISES.

167

middle of the paved portion of the Conduit road. Wherever Route acr o s s
the said railway shall run over or across any of the lands ^<i"®^^<^* ^*^^
of the United States or auy of the accessory works of the
Washington Aqueduct as provided in this act, it shall be
done only on such lines, in such manner, and on such con-
ditions as shall be approved by the Secretary of War and
accepted by said company, and no works shall be done on
said railway on any of said lands until after such approval
and acceptance in writing. No steam cars, locomotives, or
passenger or other cars for steam railways shall ever be run
over the tracks of said railway within the District of Colum-
bia or on said lands. So much of said railway as may be
in the State of Maryland must first have the approval of
the authorities of said State. Said company shall, before
commencing work on said railway, deposit with the Treas- i>©poait.
urer of th^ United States to the credit of the Washington
Aqueduct the sum of five thousand dollars, to defray all
the expenses that may be incurred by the United States in
connection with the inspection of the company's work on
the lands of the United States and any of the company's
work that may affect the interests of the United States,
and in making good any damages done by said company or
its works to any work or land or other property of the United
States, and in completing, as the Secretary of War may
deem necessary, any of the company's work that the said
company may neglect or refuse to complete and that the
Secretary of War may consider necessary for the safety
of the Washington Aqueduct and the works pertaining
thereto, including its telephone line, or for the proper drain-
age of the United States lands, its reservoirs and other
works, or for the proper use and orderly appearance of the
Conduit road; and the said company and its successors
shall also dei)osit as aforesaid such further sums for said
purposes and at such times as the Secretary of War shall
direct. The said moneys shall be disbursed like other
moneys appropriated for the Washington Aqueduct, and
whatever shall remain of said deposits after the comple-
tion of the work for which they may be obtained shall be
returned to said company with an account of their dis-
bursement in detail. The disbursements of said deposits
shall, except in case of emergency, be made only on the
order of the Secretary of War. During the construction and
after the completion of said railway its agents and servants,
when on the public landof the United States, shall be subject
to such regulations as the Secretary of War may prescribe.
The provisions of this act, as far as applicable shall apply
to any extension of this railway in the State of Maryland
that may be granted by the authorities of said State; and
the said Washington and Great Falls Kailway may cross
the projection of the United States land at a point on the
south side of the Conduit road just west of the distribut-
ing reservoir, and the provisions of section fifteen of the
act of Congress approved February twenty-eight, eighteen
hundred and ninety-one, entitled "An act to incorporate
the Washington and Arlington Eailway Company, of the
Pistrict of Columbia," shall control and govern all the

Disbarsement.

168 LAWb RELATING TO STREET-RAILWAY FRANCHISES.

privileges granted by this act to the Washington and Great
Falls Electric Eailway Company, and said section shall be
held to include the Washington Aqueduct and its tunnels
and all other works connected therewith. Said Washington

Construction, and Great Falls Eailway shall everywhere be constructed
in a neat and substantial manner, of good material, subject,
for such parts of the line as are within the jurisdiction of the
Commissioners of the District of Columbia, to the supervi-
sion and approval of said Commissioners, and, for such parts
of the line as are in any jurisdiction outside of the District
of Columbia, to the supervision and approval of the proper

Gauge. authorities of such jurisdiction; the gauge of the track to

be the same as that of the Washington and Georgetown
Eailway; and the said Washington and Great Falls Eail-
way Company shall where its tracks run on or across any
street or road which is under the jurisdiction of the Com-
missioners of the District of Columbia, or across any other

Paving. road outside the District of Columbia, pave the same between

the rails and sets of rails and two feet outside thereof with
such material and in such manner as shall be approved by
such proper authorities, as the case may require, and shall
keep the same in repair at its own expense; and if the said
corporation shall fail to make any necessary repairs within
ten days after notice has been given by said authorities,
the repairs shall be made by said authorities and the cost
thereof, except as hereinbefore provided, if not paid volun-
tarily, shall be recovered by them before any court of com-
petent jurisdiction; and the amount of such repairs shall
be a lien upon all property of said company from the time
the same are made until paid by the company. That the
said corporation shall operate its said road by electric
power, and for this purpose it is hereby authorized to

Poles and erect and maintain such poles and aerial lines as may
wires. ^^ uccessary for the proper conduct of said power; such

lines to be built in the most perfect and substantial man-
ner. Provided^ That in order to prevent any danger or dam-
age to the United States telephone line between the Great
Falls of the Potomac and Washington, belonging to the
Washington Aqueduct, or to its instruments, from the elec-
tric wires of said railway company, the said company shall,
at all times and at its own expense remove, change, and
protect said telephone line in such manner as may be
directed by the Secretary of War. The said corporation
shall, before operating said railway, erect and maintain
subject to the approval of the Secretary of War, at its own

Fence. expcnsc, a neat, well-painted, and substantial fence, tour

feet in height, on each side of its tracks, through the lands
of the United States, and also at such places along the
Conduit road as the Secretary of War may deem necessary,
with suitable openings and crossings for roadways, and at
such places as the Secretary of War shall consider to be
required for the safety of the use of said roadways. That
the said corporation shall, at its own expense, maintain

Lights. electric lights along the entire length of its railway during

the hours after nightfall that its cars shall run^ and at
Jeast until twelve o'clock and thirty minutes antemeridiaoi

LAWS RELATING TO STREET-RAILWAY FRANCHISES. 169

which lights shall be located so as to light all roads on and
across which it shall jiass, and shall be placed at such
points along the proposed road as the Secretary of War
shall direct, and shall also light Chain Bridge in the same
manner and during the same hours. No claim for dam-
ages shall ever be made by said company or its successors
in consequence of the exercise of any of the rights of the
United States under this act. (The construction of said
railway on any street where there are or may be any
mains, fixtures, or apparatus pertaining to the Washing- Maina.
ton Aqueduct shall be subject to such conditions as may
be approved by the Secretary of War, which conditions
must be obtained and be accepted in writing by said com-
pany before commencing any work on such street, and the
operations of said company in respect of the safety of such
mains, fixtures, or apparatus shall always be subject to the
control and direction of the Secretary of War, and subject
to the right of the Secretary of War or other lawful public
authority to interrupt the construction or use of said rail-
way, whenever necessary for the protection or repair of such
mains, fixtures, or apparatus.) Efiflcient signals by gong signals.
or bell shall be made by every car before and during the
crossing of the Conduit road. The rate of speed at which speed.
the cars may run on said road shall not exceed five miles per
hour on or across any street or road, and the fare for riding
over the said road shall not exceed ten cents each way per
passenger, and this amount may be divided into divisions
of five cents each. The work of construction and the operat- construction
ing of said railway by said company on the lands of the ""^ **^^*****°*
United States shall be subject to such regulations as the
Secretary of War may prescribe, and the exercise of the
rights by this act granted are to terminate at the pleasure
of the Secretary of War in case of persistent neglect by
said company or by its successors to make the deposits or
to comply with any of the conditions, requirements, and
regulations aforesaid.

Sec. 2. That the capital stock of said company shall be stock.
fifty thousand dollars, divided into shares of one hundred
dollars each, which capital stock may be increased from
time to time upon a majority vote of the stockholders,
but not to exceed the actual cost of right of way, con-
struction, equipment, station houses and other buildings
necessary to the operation of said road. The said company
shall require the subscribers to the capital stock to pay payments.
in cash, to the treasurer appointed by the incorporators,
the amounts severally subscribed by them, as follows, to
wit: Fifty per centum at the time of subscribing, and the
remainder at such times and in such amounts as the board
of directors shall require, and no subscription shall be
deemed valid unless the fifty per cenum thereof shall be
imid at the time of subscribing; the remainder of said
subscription to be paid at such times and in such amounts
as tie board of directors may require, as hereinbefore pro-
vided; and if any stockholder shall refuse or neglect to saie of stock
pay any installments as aforesaid, as required by the board *° default.
of directors^ after thirty days' notice in writin^^ the aaid.

170 LAWS BELATING TO STREET-RAILWAY FRANCHISES.

board of directors may sell at public auction, to the highest
bidder, so many shares of his stock as will pay the install-
ments; and the person who shall offer to take the least
number of shares for the assessments due shall be taken as
the highest bidder, under such general regulations as may
be provided in the by-laws of the company, but no stock
shall be sold for less than the total assessments due and
payable ; or the company may sue and collect the same from
a delinquent subscriber in any court of competent jurisdic-
tion. No certificate of stock shall be issued until the par
Paagg^ggy value thereof has been fully paid up. The company may
rooms, etc. buy, Icasc, or construct such passenger rooms, ticket offices,
depots, workshops, and buildings as may be necessary, at
such points, not on the land of the United States, along the
lines as the business of the railway and the convenience of
the public may require, and connect its tracks therewith ; all
of the above subject to the approval of the proper authori-
ties. Whenever one-fourth of the capital stock of the com-
Bonds. pany so subscribed shall have been paid in, bonds may be

issued, in the discretion of the board of directors, to an
amount not exceeding the balanceof the stock unpaid, which
bonds maybe secured by mortgage of its franchise and prop-
erty, real and personal: Provided, That the moneys raised
on said bonds shall be used and expended only for the com-
pletion and improvement of said road and the equipment
thereof. But this section is subject to the provision that
said corporation shall not have or issue any greater num-
ber of shares of stock than the nominal value of such shares
shall equal the actual and necessary cost of the construc-
tion and equipment of such railroad, which sum shall first
be ascertained and authorized upon petition therefor to the
Supreme Court of the District of Columbia, under such
rules and regulations as the chief justice and judges thereof
shall prescribe efficient to limit the stock of such corpo-
ration in the aggregate to the actual and necessary cost
mOTt a^Vs ^^^ thereof. That if it shall be desired by such corporation to
mo gages. issuc bouds upou its Said property, secured by mortgage or
otherwise, upon petition therefor to said court, setting forth
the necessity thereof and the amount of stock issued and
outstanding, it may and shall be lawful for such court, or
the chief justice or justices thereof, as the case may be, or
one of them, upon public notice, to be prescribed by the
rules of the court, to permit the issuance of such bonds and
mortgage if desired : Provided, however, that an amount of
stock equal to the bonds so issued shall be first canceled^
and adjudged annulled: Provided, That if in the course of
the construction and equipment of such railroads it should
appear that the amount of stock authorized as provided
herein should not be sufficient for the purposes desired, the
said Court may upon further petition and hearing authorize
the issuing of such further stock as in its judgment may
be deemed necessary to carry out the purposes of this act:
And provided further, thsit such stock and bonds may be
issued as the work progresses.

poUt^n^^"*^ ''''''' ^®^- ^' "^^^^ within thirty days after the passage of this

act the corporators named mth^ fi.rst section, or a m%jorily
of them, or if any of t\ieixx letvxa^ot ii^^^X, Vi ^f^\.^^}sit^\^tiibe

LAWS RELATING TO STREET-RAILWAY FRANCHISES. 171

majority of the remainder, shall cause books of sabscriptioD g^^J^^^^^^**®^***
to the capital stock of said compauy to be opened and kept*
open in some convenient place in tlie District of Columbia,
from ten o'clock in the forenoon until four o'clock in the after-
noon, for a period to be fixed by the corporators, not less
than two days, unless the whole stock shall be sooner sub-
scribed; and the said corporators shall give public notice,
by advertisement in one or moreof thedaily paperspublished
in the city of Washington, of the time when and place where
the said books shall be opened; and the subscribers upon
said books to the capital stock of the said company shall be
held to be stockholders : Provided^ That every subscriber
shall pay, at the time of subscribing, fifty per centum of the payments,
amount by him subscribed to the treasurer appointed by the
corporators, or his subscription shall be void ; and when the
books of subscription to the capital stock of said company
shall be closed the corporators, and, in case any of them
refuse or neglect to act, then a majority of the remainder,
shall, within twenty days thereafter, call the first meeting Meeting of
of the stockholders of said company to meet within ten stoc^^^^oiders.
days thereafter, for the choice of directors, of which said
meeting notice shall be given in a daily newspaper pub-
lished in the city of Washington and by written notice
mailed to each stockholder, and each stockholder shall be
entitled to one vote for each share ol stock standing in his
name on the books of the company, which vote may be cast
in person or by proxy : Provided^ That it shall be unlawful
for the company hereby incorporated to consolidate with Consolidation
any other railroad company now in existence, or which may ^®'^*d*^®°-
hereafter be chartered, whose route shall be substantially
the same as the route herein provided for; and any such
consolidation shall of itself operate as a forfeiture of this
charter. If the charter or franchise herein granted be sold
or transferred to any company or person before the road
shall have been fully constructed, such sale or transfer shall
of itself operate as a forfeiture of this charter.

Sec. 4. That the government and direction of the affairs Directors.
of the company shall be vested in the board of directors,
which shall consist of seven members, who shall be stock-
holders of record and shall hold their office for one year
and until others are duly elected and qualified, and the said
directors (a majority of whom shall be a quorum) shall elect
oneof their number to be president of the company, and they officers.
shall also choose a vice-president, a secretary, and a treas-
urer, each of whom shall give bond, with surety, to the com-
pany, in such sum as the directors may require, for the
faithful discharge of his trust. In case of a vacancy in the
board of directors from any cause such vacancy shall be
filled by the remaining directors. The directors shall have
power to make such rules, regulations, and by-laws as they By-iaws.
may deem needful and proper for the management of the
stock, property, estate, and effects of the company not con-
trary to the charter or the laws or ordinances in force in
the District of Columbia. There shall be an annual meet-
ing of the stockholders for the choice of directors, to be Annual meet-
lield at such time and place and under such conditions inl-
and upon such notice as the said comp^n'^ ydl \^\y3\'»«^

172 LAWS RELATING TO STREET-RAILWAY FRANCHISES.

Free use
roadway.

Crossings.

may prescribe, and the said directors shall annually make
a report, in writing, of their doings to the stockholders,
of Said company shall have at all times, except as otherwise
provided, a free and uninterrupted use of the railway, and
if any person or persons shall willfully, mischievously or
unnecessarily obstruct or imi>ede the passage of cars on
the railway with a vehicle or vehicles, or otherwise, or in
any manner molest or interfere with passengers or opera-
tors while in transit, or destroy or injure the cars of said
railway, or depot, or stations, or other of the property be-
longing to the said railway, the person or persons so offend-
ing shall forfeit and pay for each offense not less than
twenty-five nor more than one hundred dollars, to be recov-
ered as other fines and penalties are recovered in the juris-
diction in which the offense may be committed; and shall
be liable in addition to said penalty for any loss or damage
occasioned to said company by his or her or their acts as
aforesaid, to be recovered by said company for its use before
any court of competent jurisdiction. Ko person shall be
prohibited the right to travel on the cars of the said road or
be ejected therefrom by the company for any other cause
than being drunk, disorderly, or contagiously diseased, or
for the use of obscene language, or refusing to pay the
legal fares exacted, or to comply with the lawful regula-
tions of the company. The said company shall have the
right of way across all duly authorized railways within the
limits of the lines granted by this act, and is hereby au-
thorized to construct its said road across such other rail-
ways: Providedj That it shall not interrupt the travel of
such other railway in such construction nor shall it cross
any steam railroad at grade: And provided also^ That the
said Washington and Great Falls Electric Railway, and
all railways crossed by it shall be subject to such provi-
sions and regulations for the safety of passengers at said
PrincipaioflBce. crossiugs as the propcr authorities may prescribe. The prin-
cipal office of said company shall be situated In the city of
Washington, and all books and papers belonging to the
business of said company shall be kept thereat and open
at all times to the ins])ection of the stockholders. The
book in which transfers of the stock are entered and re-
corded shall be closed, for the purpose of such transfers,
thirty days before the annual meeting.
Necessaryiand. gEO. 5. That for tlic purpose of locating, constructing,
maintaining, and operating the stations, tracks, railroads,
shops, and other structures or buildings herein provided
for, said company is hereby authorized and empowered to
take, acquire, and hold in fee simple the land necessary for
Condemnation sucli purposcs ; but beforc proceeding so to do the said com-
proceedings. paiiy shall first obtain the assent of the owner or owners

of said land, and if such owner or owners shall be absent
from the said city of Washington, or the District of Colum-
bia, or shall refuse to give such assent on such terms as such
company shall approve, or by reason of infancy, coverture,
or insanity, or any other cause, shall be legally incapable of
giving such assent, ix, shall be lawful for said company to
make application, in writing^ to the Supreme Court of the

LAWS RELATING TO STREET-RAILWAY FRANCHISES. 173

District of Columbia, or a judge thereof, for the appoint-
iiientof three commissioners to estimate the damages which
the owner or owners of the land or other property sought
to be taken shall sustain by the taking thereof by the said
company. Said application shall describe the land or other
property sought to be taken, and give the name or names
of the owners thereof, as far as the same may be known to
said company; and said supreme court of the District of
Columbia, or a. judge thereof, shall thereupon appoint three
discreet and disinterested freeholders of said District of
Columbia, none of whom shall be residents or owners of
property upon or adjoining the line of said railroad, or inter-
ested therein, or related to any person interested in said
land or a stockholder in said company ; and before said com-
missioners shall act the clerk of said court shall administer
an oath or affirmation to each of them that he will justly
and impartially estimate the compensation that the owner
or owners of such lands or other property will be entitled
to by reason of the taking of the same by the company,
and the said supreme court of the District of Columbia,
or a judge thereof, shall appoint a time not less than ten
nor more than twenty days after due notice to the parties
in interest, which notice shall be given in the form required
by the order of said supreme court of the District of Colum-
bia, or a judge thereof, appointing said commissioners, and
said commissioners shall proceed to estimate, after viewing
the premises, the value of the land so proposed to be taken
by said company, and the damages, if any, to the residue
of the tract so taken or occupied, or to be taken or occu-
pied, or the material so used or taken away, as the case
may be, having due regard to and making just allowance
for the advantages which may have resulted, or which may
seem likely to result, to the owner or owners of said land
or materials in consequence of the making or opening of
said railroad and of the construction of the works con-
nected therewith, and after having made a fair and just
comparison of said advantages and disadvantages they
shall estimate and determine whether any, and, if any, what
amount of damages have been or may be sustained, and to
whom payable, and make report in writing signed by them,
or a majority of them, and file the same with the clerk of the
supreme court of the District of Columbia ; and if any dam-
ages be awarded and the report be confirmed by the said
court, judgment shall be entered thereon, and if the amount
thereof be not paid within thirty days after the entry of
such judgment execution may issue thereon as in the case
of other judgments of said court for the sum so awarded,
and the cost and expenses incurred shall be defrayed by
the said railroad company, and each of said commissioners
shall be entitled to ten dollars per day for every day neces-
sarially employed in the performance of the duties herein
prescribed, to be paid by such railroad company. Said
return of said commissioners shall be confirmed by said
oourtor a judge thereof, at any time after the expiration
of ten days from and after the date of the filing of said
leport with the clerk of said court, unless an appeal from.

174 LAWS RELATING TO STREET-RAILWAY FRANCHISES.

said award shall be taken and perfected as hereinafter
provided; and either party may appeal to the said court
within ten days from and after the return of the said award
to said court by filing notice of such appeal with the clerk
of said court, and upon said appeal the case shall be dock-
eted in said court in the ordinary form, in which the com-
pany shall be plaintiff and the other parties shall be defend-
ants, and shall be tried by a jury, if either party shall require
the same, according to the ordinary course of trial by jury
in said court. Should said company desire to take posses-
sion of the land and property mentioned in its said appli-
cation prior to the determination of the appeal, it shall have
the right so to do upon filing with the clerk of said court a
bond in the penal sum of double the amount of said award,
conditioned to pay such ludgment as may be given by said
court upon the trial of the appeal. The sureties on said
bond and the form thereof shall be approved by said court.
Incase the judgment rendered by thecourt upon said apx>eal,
either with or without a trial by jury, shall be for a sum
less than the amount awarded by the commissioners afore-
said, then the costs shall be paid by the parties defendant;
in case the judgment shall be for a greater sum than the
amount awarded by the commissioners, then the costs shall
be paid by the company, and judgment for costs shall be
rendered accordingly. Upon payment of the judgment ren-
dered by said court, either upon the confirmation of the
award or upon trial of the appeal, or upon tender of such
payment, the company shall be entitled to all the rights,
interests, and estate of the parties to the proceeding to the
same extent as if the same had been legally conveyed by
them in fee simple to said company, unless the said com-
pany shall within ten days after the rendition of said judg-
ment disclaim the taking of said property, which shall be
done in writing and filed in said case. An appeal shall lie
from the judgment of said court to the supreme court in
general term or to the Supreme Court of the United States,
as now allowed bylaw in other cases, and the said company
shall be, and is hereby authorized and empowered to con-
struct, operate, and maintain said tracks, and in addition
thereto tracks to and into the yards and stations aforesaid,
and any of them in connection with the tracks or any of
them hereinbefore authorized or prescribed.
Commence- Sec. 6. That the work on said road shall commence

mentanacomple- . , , . ^ -, ... ,, x- j.i_ • j. j

tion (repealed, withm ouc year from and after the passage of this act, and

shall be complete its entire distance, and have cars running
thereon for the accommodation of the public within two
years from the passage of this act; otherwise this charter
shall be null and void.
Annuaireport. Sec. 7. That Said railway company shall, on or before
the fifteenth of January of each year, make a report to
Congress of the names of all the stockholders therein and
the amount of stock held by each, together with a detailed
statement of the bonded and other indebtedness and the
receipts and expenditures, from whatever source and on
whatever account, for the preceding year ending December
tho thirty-first, which report shall be verified by affidavit
of the president and secv^Va;^^ ol m<Si ^^m^uy; and if

LAWS RELATING TO STREET-RAILWAY FRANCHISES.

175

said report is not made at the time specified, or within ten
days thereafter, it shall be the duty of the Commissioners
to cause to be instituted judicial proceedings to forfeit this
charter; and said company shall pay to the District of
Columbia, in lieu of personal taxes upon personal property,
including cars and motive power, each year four per centum
of its gross earnings, which amount shall be payable to the
collector of taxes at the times and in the manner that other
taxes are now due and payable, and subject to the same
penalties on arrears ; and the franchise and property of said
company, both real and personal, to a sufficient amount,
may be seized and sold in satisfaction thereof, as now pro-
vided by law for the sale of other property for taxes; and
said per centum of its gross earnings shall be in lieu of all
other assessments of personal taxes upon its property,
used solely and exclusively in the operation and manage-
ment of said railway. Its real estate shall be taxed as
other real estate in the District : Provided^ That its tracks
and elevated railway structure shall not be taxed as real
estate.

Sec. 8. That Congress may at any time amend, alter, or
repeal this act.

Approved, July 29, 1892.

Taxes.

Amendment.

Amendment.

Chanfj^e of

AN ACT to amend an act entitled "An act to incorporate tlie Wash- Augu8t23, 1894.

ington and Great FaUs Electric Railway."

^ . ^ stats. 28, p. 492.

Be it enacted by the Senate and House of Representatives ^^shin ton
of the United States of America in Congress assembled^ That and Great Wis
the Act of Congress entitled "An Act to incorporate the^**^*'*^*''^^-^^-
Washington and Great Falls Electric Eailway Company,"
approved July twenty-ninth, anno Domini eighteen hun-
dred and ninety- two, be, and the same is hereby, amended
by striking out all that part of the first section of said Act
commencing with the word "beginning,'' inline seventeen,
and ending with the words " is to run," in line forty- nine,
and inserting in lieu thereof the following:

Beginning at a passenger station to be erected and main-
tained on the square bounded by Prospect, Thirty-fifth, M, «>«*«
and Thirty-sixth streets, northwest, as hereinafter provided
for ; thence westerly along Prospect street to or near Thirty-
eighth street northwest; thence westerly and northerly on
land to be acquired, except at street crossings, by said com-
pany to and across the Foxhall road; thence

At the end of Section one add : Every car shall be brought
to a full stop before crossing the Foxhall road. It shall be
the duty of the Commissioners of the District of Columbia
to inspect, or to cause to be inspected, from time to time,
the cars operated on said road, and to require of the said
company that all cars and stations shall be of the first class,
and shall be maintained in good condition, and that ears
shjdl be run according to schedules which shall accommo-
date the public; the said Commissioners shall also have the
l)0wer to make such regulations as to the rate of speed,
the use of tracks, the removal of ice and snow from off the
tracks, as the public interests may require; failure to com- ^oiiwiSi. ** ^

Schedule.

176 LAWS RELATING TO STREET-RAILWAY FRANCHISES.

ply with any such requirement or regulation, or failure to
stop cars before crossing the Foxhall road, shall subject
the company to a fine of fifty dollars for each such failure,
which fine may be recovered in any court of competent
jurisdiction.

Time for build. Sec. 2. That scctiou six of Said charter be, and the same
ing extended. .^ j^^p^j^y^ repealed : Provided^ however^ That the said road
shall be completed to the boundary of the District of Colum-
bia and have cars running thereon regularly for the accom-
modation of the public within twelve months and to Cabin
John Creek within eighteen mouths after the passage of
this Act; otherwise this Act shall be null and void.

Passenger sta- Sec. 3. That in Order to accommodate the street railway

ductBridgtT*^^^^^ *^^^ ^^y converge at or hear the Aqueduct bridge,
under authority granted or to be granted by Congress, a
passenger station is hereby authorized. Such station shall
have ample provision for the safe, convenient, and com-
fortable transfer of passengers to and from the cars of the
street railways using the same. All plans for such station
and its necessary approaches shall be subject to the written
approval of the Commissioners of the District of Colum-
bia. The said Commissioners shall have the power to set-
tle any difierences which may arise between the companies
using the said station as to compensation or rentals or as
to the necessary regulations for the control of said station.
The said passenger station shall be constructed and main-
tained as a union passenger station, for the use of street
railways only, by the Washington and Georgetown Eail-
Avay Company. Said station shall be located on land
already owned or hereafter to be acquired by the aforesaid
company, which land shall be bounded on the north by
Prospect street, on the east by a line drawn not less than
one hundred and twenty feet west of the west line of
Thirty-fifth street, on the south by M street, and on the
west by Thirty-sixth street northwest. Within one year
from the approval of this Act the said Washington and
Georgetown Kailway Company shall complete the said
station and shall extend its tracks on M street northwest
to a point not less tlian one hundred and twenty feet west
of thirty- fifth street, and thence into said station; and
thereafter the said company shall cease entirely to switch
cars on M street northwest.
Change of wa- Sec. 4. That the strcct railway companies mentioned in

ter mains, etc. i^jjjg ^^^^ ^nd hereafter all street railway companies in the

District of Columbia, respectively, shall bear all the ex-
penses that may be incurred by the United States in making
and inspecting such changes to the water mains, fixtures,
or apparatus of the Washington Aqueduct as may be ren-
dered necessary by the construction or extension of such
several roads; and the Secretary of War is hereby author-
ized and directed to make all regulations to carry into
effect the provisions of this seetion.
Eckin^ton and Sec. 5. That the Act to amend the charter of the Bck-
^^"/^°™®ington and Soldiers' Home Railway Company, approved
July fifth, eighteen hundred and ninety-two, is hereby

LAWS RELATING TO STREET-RAILWAY FRANCHISES. 177

amended by striking out in Section one, beginning in line
six with the words, "Beginning at the intersection of" to
and including the words "point of beginning" in line twenty-
nine, and inserting in place thereof the following:

Beginning at the intersection of Fifth and G streets j^^^*'^^® ^^
northwest, east along G street to New Jersey avenue and
First street; thence south along First street northwest to
C street northwest; thence east along C street (around the
south side of Stanton Square by single track) to Fifteenth
street northeast ; thence north on Fifteenth street to D street
northeast; thence west on D street to Fourth street north-
east; thence south on Fourth street to street northeast;
thence west on street to New Jersey avenue; thence
north on New Jersey avenue to D street northwest; thence
west on D street to First street, and to the point of begin-
ning; also beginning at the intersection of G street north-
west and New Jersey avenue, thence across New Jersey
avenue to and along G street to North Capitol street, thence
north on North Capitol street to New York avenue, con-
necting with the main line and the North Capitol street
branch; also beginning at the intersection of G and Fifth
streets northwest; thence south on Fifth street to Louisi-
ana avenue, thence along Louisiana avenue to Sixth street
west; thence south along Sixth street to B street northwest;
thence west on B street (over its own tracks for such a dis-
tance as the Commissioners of the District of Columbia
shall determine) to a point to be located by the said Dis-
trict Commissioners near the east curb line of Seventh
street northwest, and returning by the same route to Fifth
street northwest.

Also by inserting in Section two after the word "hun-
dred" the words, "and fiftJ^"

Also by inserting in Section three, as amended, after the
'Words "two years" the words, "and three months."

Sec. 6. That Congress reserves the right at any time to Ameiuiiuent.
sdter, amend, or repeal this Act.

Approved, August 23, 1894.

-AN ACT to amend an act entitled "An act to incorporate the Washing- June 3, 1896.
ton and Great FaDs Electric Railway Company/^

Be it enacted hy the Senate and House of Representatives washinfftonand
of the United States of America in Congress assembled^ T^^^f/fJ'^Ky^^c*?.
the Act entitled ''An Act to incorporate the Washington (C barter
and Great Falls Electric Railway Company," approved July *"«°d«*i>-
twenty-ninth, eighteen hundred and ninety-two, and the
amendment thereto approved August twenty third, eight-
een hundred and ninety- four, be, and the same are hereby,
amended as follows :

Section one shall be amended to read as follows, com-
meuemg with the word ''beginning," in line seventeen:

"Beginning at a passenger station to be erected and main- ,^"*® extend.
taiued on the square bounded by rros])ect, Tbirty-tifth, M, *
and Thirty- sixth streets northwest, as hereinafter provided
6176 12

178 LAWS RELATING TO STREET-RAILWAY FRANCHISES.

for ; thence westerly along Prospect street to or near Thirty-
eighth street northwest; thence westerly and northerly on
land to be acquired, except at street crossings, by said com-
pany, to and across the Foxhall road; thence westerly along
the top of the bluff on the north side of the Canal road, and
outside and south of the southern boundary of the land of
the Washington Aqueduct pertaining to the distributing
reservoir, to a point on said boundary not more than six
hundredfeet from the western boundary of said land ; thence
across said land, but at no i)oint less than two hundred feet
from the outer crest of the dam of said reservoir, to said
western boundary; thence westwardly on a route exterior
to and on the south side of the land of the United States
pertaining to the Conduit road to tlie land of the said aque-
duct pertaining to the receiving reservoir; thence through
said land to a point on the land of said aqueduct near the
westerly foot of Dalecarlia Hill ; thence westwardly on a
route exterior to and on the south side of the laud of
the United States pertaining to the Conduit road, except
in the vicinity of Washington Aqueduct boundary stone
numbered thirty-one, as hereinafter described, to Cabin
John Creek, returning thence along the same line, by return
tracks to the place of beginning, with the privilege of
constructing a branch line, with a single or double track,
from the Conduit road lands south to Chain Bridge, and a
branch line north, beginning and connecting at a point on
its main line, about opposite said Chain Bridge; thence
running northerly on land to be acquired by said cor-
poration to the Conduit road ; thence across the Conduit
road at right angles and on the grade of this road; thence
northerly on land to be acquired by said corporation, ex-
cept across and along streets, where necessary, to a point
Branch to Ten- on the Gcorgetowu and Tenallytown Eailway at or near

naiiytown road. ^^^ juuctiou of the Loughboro road with the Eiver road.

Also, beginning and connecting on Thirty-seventh street
northwest at its junction with Prospect avenue; thence
north along Thirty- seventh street one hundred and twenty
feet; thence easterly on land to be acquired by said corpo-
ration two hundred and forty feet; thence southerly on land
to be acquired by said corporation one hundred and twenty
feet to Prospect avenue and to connect with its present
tracks: Provided^ That there shall be but one railway par-
allel to and near the Conduit road ; and wherever the route
Coinciding specified ill this Act is parallel with or coincides with the

routes. route of any other railway the two companies shall main-

tain and use but one set of double tracks, and any viola-
tion of this provision by the said Washington and Great
Falls Electric Eailway Company shall operate as a repeal of
this charter ; and matters of dispute between the companies
resi)ecting railways parallel to the Conduit road, and affect
ing the same, in the District of Columbia shall be referred
to and determined by the Secretary of War; and matters
in dispute between the companies respecting railways on
the Canal road shall be determined upon the application of
either road to any court in the District of Columbia having
competent jurisdiction. The inner rail of said Wasluiigt(»i

LAWS RELATING TO STREET-RAILWAY FRANCHISES. 179

and Great Falls Eailway shall not, at anyplace on the line^J^o^a^iou of
of said railway, be less than one hundred feet from the "^ ^*
middle of the paved portion of the Conduit road, except in
the county of Montgomery, in the State of Maryland, in
which county said inner rail shall not be less than fifty feet
from the middle of the paved portion of the Conduit road;
and the said railroad may cross, under such conditions as the
Secretary of War may impose, the lands of the United States
at Chautauqua, between Washington Aqueduct boundary
stone numbered thirty-one and a planted stone south thirty-
six degrees forty-tliree minutes west, and distant two hun-
dred and six and five-tenths feet from Washington Aque-
duct boundary stone numbered sixty-seven, at which place
the inner rail of the tracks shall be not less than sixty- five
feet from the middle of the paved portion of the Conduit
road: Provided^ however^ That said Washington and Great May contraot
Falls Electric liailway Company, being authorized thereto ^^^3 oonuecting
by a vote of the majority of its stockholders of record, may
contract with any street railway company in the State of
Maryland or the District of Columbia, owning or operating
a connecting or intersecting line, for the joint management,
lease, or purchase of such line or lines, and operate the
same in connection and as an extension with its present
line, and in case of such contract may provide the means
necessary by an increase of its capital stock not to exceed
the actual consideration i)aid or the actual cost of the nec-
essary construction, completion, equipment, and mainte-
nance thereof. And for the purpose aforesaid said company
is hereby authorized and enipowered to issue its bonds to Bonds and
aid in paying for such construction, completion, motive •*^^*
power, equipment, and maintenance aforesaid and to se-
cure the said bonds by mortgage or deed of trust of its
right of way and all its property and franchise of whatso-
ever kind, whether real, personal, or mixed, on the whole
of said line, its extensions, and branches, and connections,
the stock and bonds authorized to be issued and nego-
tiated by said company, to the amount of six hundred and
fifty thousand dollars, under the decree of the supreme
court of the District of Columbia being hereby confirmed.
Wherever the said railway shall run over or across any of
the lands of the United States or any of the accessory
works of the Washington Aqueduct, as provided in this
Act, it shall be done only on such lines, in such manner,
and on such conditions as shall be approved by the Secre-
tary of War and accepted by said company, and no work
shall be done on said railway on any of said lands until
after such approval and acceptance in writing. Ko steam steam cars,
cars, locomotives, or passenger or other cars for steam rail- ©tc., prohibited.
ways shall ever be run over the tracks of said railway
within the District of Columbia or on said lands. Said
company shall, before commencing work on said railway,
deposit with the Treasurer of the United States to the i>«po8it.
credit of the Washington Aqueduct the sum of five thou-
sand dollars, or such other sum as the Secretary of War may
deem proper, to defray all the expenses that may be in»
corred by the United States in connection with the inspec-

180 LAWS RELATING TO STREET-RAILWAY FRANCHISES.

tion of the company's work on the lands of the United
States and any of the company's work that may affect
the interests of the United States, and in making good

Damages to any damages done by said company or its works to any
n sTates*!^ ^"'" work or land or other property of the United States, and

in completing, as the Secretary of War may deem neces-
sary, any of the company's work that the said company
may neglect or refuse to complete and that the Secretary
of War may consider necessary for the safety of the Wash-
ington Aqueduct and the works pertaining thereto, includ-
ing its telephone line, or for the proper drainage of the
United States lands, its reservoirs, and other works, or for
the proper use and orderly appearance of the Conduit
road; and the said company and its successors shall also
deposit as aforesaid such further sums for said purposes and
at such times as the Secretary of War shall direct. The
said moneys shall be disbursed like other moneys appro-
priated for the Washington Aqueduct, and whatever shall
remain of said deposits after the completion of the work
for which they may be obtained shall be returned to said
company with an account of their disbursement in detail.
The disbursements of said deposits shall, except in case
of emergency, be made only on the order of the Secretary of
War. During the construction and after the completion of
said railway, its agents and servants, when on the public
land of the United States, shall be subject to such regula-
tions as the Secretary of War may prescribe. The pjpovi-
sions of this Act, as far as applicable, shall apply to any
extension of this railway in the State of Maryland that may
be granted by said State; and the provisions of section fif-
teen of the Act of Congress approved February twenty-
eighth, eighteen hundred and ninety-one, entitled "An Act
to incorporate the Washington and Arlington Railway
Company, of the District of Columbia," shall control and
govern all the privileges granted by this Act to the Wash-
ington and Great Falls Electric Railway Company, and said
section shall be held to include the Washington Aqueduct
and its tunnels and all other works connected therewith.
Said Washington and Great Falls Railway shall everywhere

Construction, bc coustructcd in a neat and substantial manner, of good
material, subject, for such parts of the line as are within
the Jurisdiction of the Commissioners of the District of
Columbia, to the supervision and approval of said Commis-
sioners, and for such parts of the line as are in any juris-
diction outside of the District of Columbia, to the super-
vision and approval of the proper authorities of such
jurisdiction; the gauge of the track to be the same as
that of the Washington and Georgetown Railway; and the
said Washington and Great Falls Railway Company shall,

Crossings. whcrc its tracks run on or across any street or road which
is under the j urisdiction of the Commissioners of the Dis-
trict of Columbia, or across the Conduit road or any road

Paving. outside of the District of Columbia, pave the same between
the rails and sets of rails and two feet outside thereof, with
such material and in such manner as shall be Stpproved by
3acb proper authorities, as the cas^ may require, w4 ^iBm^

LAWS RELATING TO STREET-RAILWAY FRANCHISES. 181

keep the same in repair at its own expense; and if the said
corporation shall fail to make any necessary repairs within
ten days after notice has been given by said authorities,
the repairs shall be made by said authorities and the cost
thereof, except as hereinbefore provided, if not paid volun-
tarily^ shall be recovered by them before any court of com-
petent jurisdiction ; and the amount of such repairs shall
be a lien upon all property of said company from the time
the same are made until paid by the company. That the Motive power.
said corporation shall operate its said road by electric
power, and f(>r this purpose it is hereby authorized to erect
and maintain such poles and aerial lines as may be neces-
sary for the proper conduct of said power; such lines to be
built in the most perfect and substantial manner : I*rovided,
That in order to prevent any danger or damage to the United s. telephone li^i
States telephone line between the Great Falls of the Poto-
mac and Washington, belonging to the Washington Aque-
duct, or to its instruments, from the electric wires of said
railway company, the said company shall, at all times and
at its own expense remove, change, and protect said tele-
phone line in such manner as may be directed by the Sec-
retary of War. The said corporation shall erect and main-
tain, subject to the approval of the Secretary of War, at its gj^^^^^ erect
own expense, a neat, well-painted, and substantial fence, fencef
four feet in height, on each side of its tracks, through the
lands of the United States, and also at such ])laces along the
Conduit road as the Secretary of War may deem necessary,
with suitablecattle guards, openings, and crossings for road-
ways, and at such places as the Secretary of War shall con-
sider to be requiredfor the safety of the useof said roadways.

" That the said corporation shall, at its own expense, main- Lighta.
tain electric lights during the hours after nightfall that its
cars shall run, and at least until twelve o'clock antemerid-
ian, which lights shall be located so as to light all roads on
and across which the railway shall pass and such other jioints
along the proposed route as the Secretary of War shall
direct. No claim for damages shall ever be made by said
company or its successors in consequence of the exercise of
any of tifie rights of the United States under this Act. The
crossings over the Conduit road shall be made to conform
to all changes of grade of this road. The construction of construction
said railway on any street where there are or may be any overwatermaius,
mains, fixtures, or apparatus pertaining to the Washington ^'^^^
Aqueduct shall be subject to such conditions as may be
approved by the Secretary of War, which conditions must
be obtained and be accepted in writing by said company
before commencing any work on such street; and the oper-
ations of said company in respect of the safety of such mains,
fixtures, or apparatus shall always be subject to the control
and direction of the Secretary of War, and subject to the
right of the Secretary of War or other lawful public author-
ity to interrupt the construction or use of said railway,
whenever necessary for the protection or repair of such
mains, fixtures, or apparatus. Efficient signals, by gong
or bell, shall be made by every car before and during the signau at
crossing of the Conduit road, and, if the Secretary of War *^">"*°«»-

182 LAWS RELATING TO STREET-RAILWAY FRANCHISES.

shall deem necessary and shall so direct, every car shall,

Speed at cross- before crossiiig this road, be brought to a full stop. The
^8^- rate of speed at which the cars may run on said road shall

not exceed five miles per hour on or across any street or
road, and the fare for riding over the said road shall not
exceed ten cents each way per i)assenger, and this amount
may be divided into divisions of five cents each. The work
of construction and the operating of said railway by said
company on the lands of the United States shall be subject
to such regulations as the Secretary of War may prescribe,
and the exercise of the rights by this Act granted are to
terminate at the pleasure of the Secretary of War in case
of persistent neglect by said company or by its successors
to make deposits or to comply with any of the conditions,
requirements, and regulations aforesaid.

Crossing Fox- ii Evcry Car shall be brought to a full stop before cross-
hau road. .^^^ ^^^ Foxhall road. It shall be the duty of the Commis-

sioners of the District of Columbia to inspect, or cause to

Cars. 1^^ inspected, from time to time, the cars operated on said

road, and to require of said company that all cars and sta-
tions shall be of the first class, and shall be maintained in
good condition, and that cars shall be run according to
schedules which shall accommodate the public; the said

Schedule. Commissioucrs shall also have the power to make such
regulations as to the rate of speed, the use of tracks, the

Speed, Tiao of removal of ice and snow from oif the tracks, as the public
tracks, etc. intcrcsts may require; failure to comply with any such
requirement or regulation, or failure to stop cars before
crossing the Foxhall and Conduit roads, shall subject the
company to a fine of fifty dollars for each such failure,
which fine may be recovered in any court of competent
jurisdiction."

Section two shall be amended to read as follows:

Capital stock. u g^c. 2. That the capital stock of said company shall
be six hundred and fifty thousand dollars, divided into
shares of one hundred dollars each, which capital stock
may be increased from time to time upon a majority vote
of the stockholders, but not to exceed the actual cost of
right of way, construction, equipment, station houses, and
other buildings necessary to the operation of said road.
The said company shall require the subscribers to the capi-
tal stock to pay in cash, to the treasurer appointed by the
incorporators, the amounts severally subscribed by them.

How paid ill. jjg follows, to Wit : Fifty per centum at the time of subscrib-
ing and the remainder at such times and in such amounts
as the board of directors shall require, and no subscription
shall be deemed valid unless the fifty per centum thereof
shall be paid at the time of subscribing; the remainder
of said subscription to be paid at such times and in such
amounts as the board of directors may require, as herein-
before provided; and if any stockholder shall refuse or
neglect to pay any installments as aforesaid, as required
by the board of directors, after thirty days' notice in writ-
qJlnt8t**(fck.''"" i"R> ^h<^ said board of directors may sell at public auction,
to the highest bidder, so many shares of his stock as will
pay the installments; and the x^erson who shall ofter to take

LAWS RELATING TO STREET-RAILWAY FRANCHISES.

183

Buildings.

Bonds.

the least number of shares for the assessments due shall be
taken as the highest bidder, under such general regulations
as may be provided in the by-laws of the company, but no
stock shall be sold for less than the total assessments due
and payable; or the company may sue and collect the same
from a delinquent subscriber in any court of competent
jurisdiction. Ko certificate of stock shall be issued until
the par value thereof has been fully paid up. The company
may buy, lease, or construct such passenger rooms, ticket
oflices, depots, workshops, and buildings as may be neces-
sary, at such points, not on the land of the United States,
along the lines as the business of the railway and the con-
venience of the public may require, and connect its tracks
therewith ; all of the above subject to the approval of the
proper authorities. Whenever one-fourth of the capital
stock of the company so subscribed shall have been paid
in, bonds may be issued, in the discretion of the board of
directors, to an amount not exceeding the balance of the
stock unpaid, which bonds may be secured by mortgage of
its franchise and property, real and personal: Provided^
That the moneys raised on said bonds shall be used and
expended only for the completion and improvement of said
road and the equipment thereof. But this section is sub-
ject to the provision that said corporation shall not have or
issue any greater number of shares of stock than the nom-
inal value of such shares shall equal the actual and neces-
sary cost of the construction and equipment of such rail-
road : Provided^ however^ That an amount of stock equal to
the bonds so issued shall be first canceled and adjudged
annulled : And provided fur thevy That such stock and bonds
may be issued as the Avork progresses."
Section three shall be amended to read as follows:
"Sec. 3. That within thirty days after the passage of
this Act the corporators named in the first section, or a
majority of them, or if any of them refuse or neglect to
act, then the majority of the remainder, shall cause books
of subscription to the capital stock of said company to bo
opened and kept open in some convenient place in the Dis-
trict of Columbia, from ten o'clock in the forenoon until
four o'clock in the afternoon, for a period to be fixed by the
corporators, not less than two days, unless the whole stock
shall be sooner subscribed; and the said corporators shall
give public notice, by advertisement in one or more of the
daily papers published in the city of Washington, of the
time when and place where the said books shall be opened;
and the subscribers upon said books to the capital stock subHcription
of the said company shall be held to be stockholders :*» atock.
Provided^ That every subscriber shall pay at the time of
subscribing, fifty per centum of the amount by him sub-
scribed to the treasurer appointed by the corporators, or
his subscription shall be void; and when the books of sub-
scription to the capital stock of said company shall be closed,
the cori)orators, and, in case any of them refuse or neglect
to act, then a majority of the remainder, shall, within twenty
days thereafter, call the first meeting of the stockholders of Meetingof co^
said company to meet within ten days thereafter^ for t\3A^^*°"*

184 LAWS RELATING TO STREET-RAILWAY FRANCHISES.

choice of directors, of which said meeting notice shall be
given in a daily newspaper published in the city of Wash-
ington and by written notice mailed to each stockholder,
and each stockholder shall be entitled to one vote for each
share of stock standing in his name on the books of the
company, which vote may be cast in person or by proxy."

Repeal. Sec. 2. Tliat all acts or parts of acts inconsistent with

the provisions of this Act are hereby repealed.

Amen am on t, Sec. 3. Cougrcss rcscrvcs the right to alter, amend, or
^^' repeal this Act.

Approved, June 3, 1896.

WASHINGTON AND MARLBORO ELECTRIC RAILWAY COMPANY.

AN ACT to authorize the Washington and Marlboro Electric Railway March 2. 1895.
Company, of Maryland, to extend its line of road into and within stats. 28, p. 717.
the District of Columbia.

Be it enacted hy the Senate and House of Representatives
of the United States of America in Congress assembled^ That Washington
the Washington and Marlboro Electric Eailway Company, Eiecti^ Ry!*co.^
incorporated by an act of the general assembly of Maryland, ?*^*l' a«*ho^
entitled *'An Act to incorporate the Washington and Marl-ifneintoD?""
boro Electric Railway Company," and so forth, approved
on the eighth day of April, eighteen hundred and ninety,
is hereby authorized to construct and lay down a street
railway, with the necessary switches, turnouts, and other
mechanical devices, in the District of Columbia, and run
cars thereon through and along the following routes:

Beginning at and on the southeasterly boundary line of Route,
the District of Columbia where the line of railway of said
company within the State of Maryland shall reach the same,
and running thence by Suitland road, Bowen road, and
Branch avenue, or other practicable route which may b©
approved by the Commissioners of the District of Colum-
bia, to connect with Pennsylvania avenue extended 5 thence
by and with said avenue to and across the tracks of the
Baltimore and Ohio Railroad on Railroad avenue; thence
along Railroad avenue to Naylor road and by the same to
the Anacostia River 5 thence across the Anacostia River by ^nj^fiaRive/
a steel or iron truss bridge resting on masonry piers built °**^
parallel to the direction of the current, with pile or other
secure and approved foundations, and with spans not less
than those of the Pennsylvania avenue bridge, and with a
wide drawspan over the channel. The plans of said bridge Plan of bridge,
shall be approved in writing by the Secretary of War, and
the bridge shall be built by said company over and above
the tracks of the Bnltimore and Potomac Railroad in such
manner and at such height as not to interfere with the us©
of said railroad ; and thence to the intersection of Pennsyl-
vania avenue and Fifteenth street southeast by a route to
be approved by the Commissioners of the District of Colum-
bia; thence north on Fifteenth street east, to Florida avenue;
thence northwesterly on Florida avenue to Seventh street
northwest; also, when the proposed extension of Pennsyl- J^*®°"°'* **'
vania avenue shall have been completed to Bowen road, ^^"^
then the route of said railroad may be extended from the
intersection of Branch avenue therewith to Bowen road,
and by further practicable route as may be approved by the
Commissioners of the District of Columbia to the boundary
line of the said District at or near the Suitland road: Pro-

186

LAWS RELATING TO STREET-RAILWAY FRANCHISES.

Widening
streets.

Koute in conn
try road.

Construction.

Paving

Time for exten- ^ided. That such extension of the road shall be made within
one year after the opening of Pennsylvania avenue to the
Bowen road. These routes may be modified or extended
at tbe will of Congress, and the said railway company shall
comply with such modifications or extensions,
of Sec. 2. That whenever the roadway of any street occu-
pied by the said railway company is widened, one-half of
the cost of widening and improvement of such widened
part shall be charged to the said railway company and col-
lected from said company in the same manner as the cost
of laying or repairing pavements lying between the exte-
rior rails of the tracks of street railways, and for a dis-
tance of two feet from and exterior to such track or tracks
on each side thereof is collectible under the provisions of
section 5 of the Act entitled "An Act providing a perma-
nent form of government for the District of Columbia,"
approved June eleventh, eighteen hundred and seventy-
eight.

Sec. 3. That when the route described coincides with that
of a country road of less width than sixty-six feet the rail-
way shall be constructed entirely outside the road.

Sec. 4. That the said railway shall be constructed in a
substantial and durable manner; and all rails, electrical
and mechanical appliances, conduits, stations, and so forth,
shall be of approved pattern.

Sec. 5. That the said corporation shall at all times keep
the space between its tracks and rails and two feet exterior
thereto in such condition as the Commissioners of the Dis-
trict of Columbia or their successors may direct, and when-
ever any street occupied by said railway is paved or repaired
or other wise improved the said corporation shall bear all the
expense of improving the spaces above described. Should
the said corporation fail to comply with the orders of the
Commissioners, the work shall be done by the proper offi-
cials of the District of Columbia and the amounts due from
said corporation shall be collected as provided by section
five of the Act entitled "An Act providing a permanent
form of government for the District of Columbia," approved
June eleventh, eighteen hundred and seventy-eight.

Sec. 6. That if the said railway be operated by overhead
wires the corporation shall furnish and maintain such lights
along its line as the Commissioners of the District of Colum-
bia may direct, without cost to the District of Columbia;
but no overhead wires shall be constructed or used within
the limits of the city of Washington.

Sec. 7. That nothing in this Act shall prevent the Dis-
trict of Columbia at any time, at its option, from altering the
grade of any avenue, street, or highway occupied by said
railway, or from altering and improving streets, avenues,
and highways, and the sewerage thereof. In such event it
shall be the duty of said company to change its said rail-
way and the pavement so as to conform to such grades and
improvements as may have been established.

Sec. 8. That it shall be lawful for said railway company,
its successors or assigns, to make all needful and convenieDt
trenches and excayatious in. avi^ oi! s.aid streets or places

Lights

Change
grade, etc.

of

Trenches, etc.

LAWS RELATING TO STREET-RAILWAY FRANCHISES. 187

where said company may have the right to construct and
operate its road, and place in such trenches and excava-
tions all needful and convenient devices and machinery for
operating said railroad in the same manner and by the
means aforesaid. But whenever such trenches or excava-
tions shall interfere with any sewer, gas, or water pipes, or
any subways or conduits, or auy public work of the kind,
then the expense necessary to change such underground
constructions shall be borne by the said railroad company.

Sec. 9. That the said company shall, before commencing Deposit for
work on said railroad on such street, deposit with the '^**®'^ ™"°**
Treasurer of the United States to the credit of the Wash-
ington Aqueduct such sum as the Secretary of War may
consider necessary to defray all the expenses that may be
incurred by the United States in connection with the
inspection of the work of construction of said railroad on
such street, and in making good any damages done by said
company, or its works, or by any of its contracting agents,
to any of said mains, fixtures, or apparatus, and in com-
pleting, as the Secretary of War may consider necessary,
any of the work that the said company may neglect or
refiise to complete, and that the Secretary of War may con-
sider necessary for the safety of said mains, fixtures, or
apparatus; and the said company shall also deposit as
aforesaid such further sums for said purposes at such times
as the Secretary of War may consider necessary : Provided^
That the said sum shall be disbursed like other moneys
appropriated for the Washington Aqueduct, and that
whatever shall remain of said deposits at the end of one
year after the completion of said railroad in such street
shall be returned to said company on the order of the Sec-
retary of War, with an account of its disbursement in
detail: And provided also. That disbursements of said de-
posits shall, except in cases of emergency, be made only
on the order of the Secretary of War.

Sec. 10. That it shall also be lawful for said corporation, Engmehonsos,
its successors or assigns, to erect and maintain, at such®**^'
convenient and suitable points along its lines as may seem
most desirable to the board of directors of the said cor-
poration, and subject to the approval of the said Commis-
sioners, an engine house or houses, boiler house, and all other
buildings necessary for the successful operation of a cable-
motor, electric, i)neumatic, or other railroad.

Sec. 11. That the line of the said railway company shall Commenceinent
be commenced within one year and completed within two *" ^™^ ^^^^'
years from the passage of this Act.

Sec. 12. That the said company may run public carriages Motive power,
propelled by cable, electric, or other mechanical power; but
nothing in this Act shall allow the use of steam power in
locomotives : Provided further^ That for the purpose of mak- CroaaingB.
ing a continuous connection, the said company shall have
the right to cross all streets, avenues and highways that
maybe deemed necessary for this purpose: Provided, That ^^Jo^ "******"*«
whenever the foregoing route or routes may coincide with'°"
the route or routes of any duly incorporated street railway
company in the District of Columbia, the tracks shall be

188 LAWS ItELATING TO STREET-RAILWAY FRANCHISES.

used by both companies, which are hereby authorized and
empowered to use such tracks in common, upon such fair
and equitable terms as may be agreed upon by said com-
panies; and in the event the said companies fail to agree
upon equitable terms either of said companies may apply
by petition to the supreme court of the District of Colum-
bia, which shall immediately provide for proper notice to
and hearing of all parties interested, and shall have power
to determine the terms and conditions upon which, and
the regulations under which, the company hereby incor-
porated shall be entitled so to use and enjoy the track
of such other street railway company, and the amount and
manner of compensation to be paid therefor : And provided
further y That neither of the companies using such track in
common shall be permitted to make the track so used in
common the depot or general stopping place to await pas-
sengers, but shall only be entitled to use the same for the
ordinary passage of its cars, with the ordinary halts for
taking up and dropping off passengers: Provided^ That
this shall not apply to or interfere with any station already
established on any existing lines; that said corporation is
authorized and empowered to propel its cars over the line
of any other road or roads which may be in the aligameut
with and upon such streets as may be covered by the route
or routes as prescribed in this Act, in accordance with the
conditions hereinbefore contained; and that this corpora-
tion shall construct and repair such portions of its road as
maybe upon the line or routes of any other road thus used;
and in case of any disagreement with any company whose
line of road is thus used, such disagreement may be sum-
marily determined upon the application of either road to
any court in said District having competent jurisdiction.

Passenger Sec. 13. That the Said company shall furnish and main-
houses. ^^|j^ passenger houses as required by the Commissioners of

Cars. the District of Columbia, and shall place first-class cars on

said railway with all the modern improvements for the con-
venience, comfort, and safety of passengers, and shall run
cars as often as the public convenience may require, accord-

Timetabie. iug to a timetable approved by the Commissioners of the
District of Columbia. Every failure to comply with the
conditions of this section shall render the said corporation
liable to a fine of fifty dollars, to be recovered in any court
of competent jurisdiction at the suit of the Commissioners
of said District.

Speed. Sec. 14. That the Commissioners of the District of

Columbia may make such regulations as to rate of speed.

Removal of ice mode of usc of tracks, and removal of ice and snow as in
and snow. their judgment the interest and convenience of the public
may require. Should the servants or agents of said com-
pany willfully or negligently violate such an ordinance or
regulation, said company shall be liable to the District of
Columbia for a penalty not exceeding five hundred dollars.

Articles left in Sec. 15. That all articlcs of value that may be inadvert-
*'*"' ently left in any of the cars or other vehicles of the said com-

pany shall be taken to its principal depot and entered in a
book of record of unclaimed good^^^rhich book dball be iSpiSk

LAWS RELATING TO STREET-RAILWAY FRANCHISES.

189

re-

to the inspectiou of tlie public at all reasonable liours of
business.

Seo. 16. That said company shall, on or before the first Annual
of February of each year, make a report to Congress, ^*'^*^*
through the Commissioners of the District of Columbia, of
the names of all the stockholders therein and the amount
of stock held by each, together with a detailed statement of
the receipts sj;nd expenditures, from whatever source and on
whatever account, lor the preceding year ending December
the thirty-first, and such other facts as may be required by
any general law of the District of Columbia, which report
shall be verified by the affidavit of the president and secre-
tary of said company, and, if said report is not made at the
time specified or within ten days thereafter, such failure shall
of itself operate as a forfeiture of the privileges and rights
herein granted, and it shall be the duty of the Commissioners
to cause to be instituted proper judicial proceedings there-
for; and said company shall pay to the District of Colum- Taxes,
bia, in lieu of personal taxes upon personal proi)erty, includ-
ing cars and motive power, each year, four per centum of
its gross earnings within the District of Columbia, which
amount shall be payable to the collector of taxes at the times
and in the manner that other taxes are now due and payable^
and subject to the same penalties on arrears; and the fran-
chise and property of said company, both real and personal,
to a sufficient amount may be seized and sold in satisfaction
thereof, as now provided by law for the sale of other prop-
erty for taxes; and said per centum of its gross earnings
shall be in lieu of all other assessments of personal taxes
upon its property used solely and exclusively in the opera-
tion and management of said railway: Provided^ That the Proviso,
payment of the said four per centum of its gross earnings
shall not be required during the period of five years after
the commencement of the operation of said railway, or any
part thereof. Its real estate shall be taxed as other real
estate in the District of Columbia: Provided further^ That
its tracks shall not be taxed as real estate.

Sec. 17. That said company may receive a rate of fare ^*'*-
not exceeding 1^Ye cents per passenger; and the said com-
pany may make arrangements with all existing railway
companies in the District of Columbia for the interchange
of tickets in payment of fare on its roads: Provided^ That
within the limits of the District of Columbia six tickets
shall be sold for twenty-five cents.

Sec. 18. That the said company shall have at all times Free use of
the free and uninterrupted use of the roadway, and if any "**^^*^'
person or persons shall willfully, mischievously, and unlaw-
ftilly obstruct or impede the passage of cars of said rail-
way company with a vehicle or vehicles, or otherwise, or in
any manner molest or interfere with passengers or opera-
tives while in transit, or destroy or injure the cars of said
railway, or depots, stations, or other i)roperty belonging to
the said railway company, the person or persons so offend-
ing shall forfeit and pay for each such offense not less than
twenty-five nor more than one hundred dollars, to be recov-
er^ ^9 otUw fijies and penalities in said District, w4 shall

cars.

190 LAWS RELATING TO STREET-RAILWAY FRANCHISES.

remain liable, in addition to said penalty, for any loss or
damage occasioned by Lis orlier or their act as aforesaid;
but no suit shall be brought unless commenced within
sixty days after such offense shall have been committed.
CroBsings. Qec. 19. That the said railway company shall have the

right of way across such other railways as are now in
operation within the limits of the lines granted by this Act,
and is hereby authorized to construct its said xoad across
such other railways : Provided^ That it shall not interrupt
the travel of such other railways in such construction.
Ejjection from gjjc. 20. That uo pcrsou shall be prohibited the right to
travel on any part of said road or ejected from the cars by
the company's employees for any other cause than that of
being drunk, disorderly, or contagiously diseased, or refus-
ing to pay the legal fare exacted, or to comply with the
lawful general regulations of the company.
Condemnation Sec. 21. That in the cvcut the company should not be

of land. ^lyiQ I^Q come to au agreement with the owner or owners of

any land through which the said road may be located to
pass, proceedings for the condemnation for the use of the
company of so much of said land as may be required, not
exceeding fifty feet in width, may be instituted in the usual
way in the supreme court of the District of Columbia,
under such rules and regulations as said court may pre-
scribe for such purposes.
Guarantee de- Seo. 22. That the Said railway company shall deposit

^**^" with the collector of taxes. District of Columbia, the sum

of one thousand dollars, within sixty days from the pas-
sage of this Act, as a guaranty that it will commence and
complete its road within the time herein limited. Should
the said railway company fail to commence or complete the
construction of its road within the limit of time prescribed
by this Act, said sum of one thousand dollars shall be
forfeited by the said railway company, and shall be depos-
ited by the collector of taxes with the United Slates Treas-
urer to the credit of the United States and the District of
Columbia, in equal parts.
Plans. Seo. 23. That all plans relating to the location and con-

struction of said railway shall be subject to the approval
of the Commissioners of the District of Columbia, or their
successors, and all work shall at all times be subject to
Deposits with their supcrvisiou. The said corporation shall, from time

^es.*^*°^ ° to time, deposit with the collector of taxes, District of
Columbia, such amounts as may be deemed necessary by
said Commissioners to cover the cost of inspection, super-
vision, pavement, and repairs.
Conditions Sec. 24. That all tbe conditions, requirements, and obli-

shaube complied g^^^^g imposcd by the terms of this Act upon the Wash-
ington and Marlboro Electric Eailway Company shall be
complied with by any and all the successors to and assigns
of said Company.
Amendment, Sec. 25. That this Act may at any time be altered,

^^^' amended, or repealed by the Congress of the United

States.
Approved, March 2, 1895,

STEEET EAILWAY LAWS OF A GEIOIEAL ITATUEE.

Sundry civil bill, 1873. June 10, 1872.

State. 17, p. 360.

♦ * * and all railroads are hereby prohibited on th^|,i]^|j**^\P"J;
I street and K street fronts of Farragut, Scott [changed to k streeTfronte
McPherson square March 3, 1875. See U. S. Stats. 18, p. McPh*e"oS^and
391] and Franklin squares; and no further street railroads Frankiinsquares
shall be laid down in the city of Washington without the ^^^ shin hi
consent of Congress. ♦ * * laid without the

4 -. -r -. r. 1 n^c^ CODSeilt of COIl-

Approved, June 10, 1872. grei»8.

EXTRACTS from an act providing a permanent form of government June 11, 1878.

for the District of Columbia.

state. 20, p. 106.

The cost of laying down said pavements, sewers, ^^^n^^^^^fchi^^
other works or of repairing the same shall be paid for in abiltostreet^St
the following proportions and manner, to wit: When any ^°*^ companiea.
street or avenue through which a street railway runs shall
be paved, such railway company shall bear all of the expense
for that portion of the work lying between the exterior rails
of the tracks of such roads, and for a distance of two feet
from and exterior to such track or tracks on each side there-
of, and of keeping the same in repair.

But the said railway companies having conformed to the How tracks
grades established by the Commissioners may use such®^**^^^®^*®^*
cobblestone or Belgian blocks for paving their tracks or
the space between their tracks as the Commissioners may
direct.

The United States shall pay one-half of the cost of all '^^^j states
work done under the provisions of this section, except that^Sts under^sec!
done by the railway companies, wbich payment shall b®^oneir?iii*^i
credited as part of the fifty per centum which the United coSpa^^ "^
States contributes toward the expenses of the District of
Columbia for that year.

And all jiayments shall be made by the Secretary of the ' i*aid on war-
Treasury on the warrant or order of the Commissioners of Jfon^era^b^^cTO-
the District of Columbia, or a majority thereof, in such tary of Treasury,
amounts and at such times as they may deem safe and
proper in view of the progress of the work.

That if any street railway company shall neglect or re- Diatricttopave
fase to perform the work required by this act, said pave- JJJiSSd^^^Ji^
ment shall be laid between the tracks and exterior thereto nies. when,
of such railway by the District of Columbia.

And if such company shall fail or refuse to pay the sum Commissioners
due from them in respect of the work done by or under theSaw^Sf^^dSSl
orders of the proper officials of said District, in such ca8e^<«s ^v^^
of the neglect or refusal of such railway company to per-ete/ P"*P®"3r.
form the work required as aforesaid the Commissioners of

tftV

192 LAWS RELATING TO STREET-RAJLWAY FRANCHISES.

the District of Columbia shall issue certificates of inaebt-
eduess against the property, real or personal, of such rail-
way company, which certificsttes shall bear interest at the
rate of ten per centum per annum until paid, and which,
until they are paid, shall remain and be a lien upon the
property on or against which they are issued, together with
the franchise of said company.
Certifioatesnot And if the Said certificates are not paid within one year
paid property ^j^^ Said Commlssiouers of the District of Columbia may

proceed to sell the property against which they are issued

or so much thereof as may be necessary to pay the amount

due, such sale to be first duly advertised daily for one week

in some newspaper published in the city of Washington,

and to be at i^ublic auction to the highest bidder.

Duties of rail- Whcu strcct railways cross any street or avenue the

where trSkTin^ pavcmcnt bctwccn the tracks of such railway shall conform

tersect. ^q ^{^q pavcmcut uscd upou such street or avenue, and the

companies owning these intersecting railroads shall pay

for such pavements in the same manner and proportion as

required of other railway companies under the provisions

of this section.

« * * « «

Approved, June 11, 1878.

March 2, 1889. District of Columbia appropriation bill, 1890.

Stats. 25, p. 797. ^ # » # «

h ^run* b*"e?e/ That any company authorized by law to run cars pro-
trioity^or cables! pelled by horscs in the District of Columbia is hereby au-
thorized to substitute for horses electric power by storage
or independent electrical batteries or underground wire, or
underground cables moved by steam power, on the whole
or any portion of its roadway, with authority to purchase
and use any terminal grounds and facilities necessary for
the purpose; and any such street railway electing to sub-
stitute such power on any part of its tracks or road-beds
on the streets of the District of Columbia shall, before
doing so, cause such part of its road beds to be laid with a
Grooved rails, ^g^j. gpQOvcd rail, and made level with the service of the
streets upon each side of said tracks or road-beds, so that
no obstruction shall be x)resented to vehicles passing over
Proviaot. .^aid tracks: Provided, That in the event said companies
or either of them shall fail for the period of two years
from the passage of this act to exercise the powers and
privileges hereinbefore given, such companies are hereby
required to cause said rails and road-beds to be relaid

be^tlS within ^^^^ *^^® ^^^ groovcd rail hereinbefore mentioned, so as
twoyeare.^^ *° to bc Icvcl with the surfacc of the streets upon each
side of said tracks or road-beds and the cost of mak-
ing the changes hereinbefore required shall be paid by the
corporations or persons owning or operating said street
railroads, and if, after being notified by the Commissioners
of the District of Columbia in writing to com])ly with the
terms of this act, the said corporations or either of them
aball not within ninety days thereafter begin the work

LAWS RELATING TO STREET-RAILWAY FRANCHISES. 19S]

required and complete the same within a reasonable time,
not more than twelve months from the expiration of said
period of ninety days it shall be the duty of the Commis- era shTn make
sionersto cause the necessary changes in said rails and road- the change on
beds to be made as soon as practicable; and shall issue plfy^ do sS.™*
certificates of indebtedness against the property, real or
personal, of such railway company, which certificates shall ij^^eht^eBsfox
bear interest at the rate of ten per centum per annum until coat.
paid, and which, until they are paid, shall remain and be a
lien upon the property on or against which they are issued,
together with the franchise of said company; and if the
certificates are not paid within one year the said Commis-
sioners of this District of Columbia may proceed to sell Saieof prop-
the property against which they were issued, or so much ®^^* •

thereof as may be necessary to pay the amount due, such
sale to be first duly advertised daily for one week in some
newspaper published in the city of Washington, and to be
sold at public auction to the highest bidder: Provided
further, That after the passage of this act no other rail
than that herein mentioned shall be laid by any street rail- to'^eiMed^heiil
way company in the streets of Washington and George- after.'
town, and all companies granted franchises or extensions
by the Fiftieth Congress shall have extension of one year's
time within which to lay their tracks. So much of the
charters of the street railway companies of the District of
Columbia as is inconsistent with this section is hereby
repealed. Provided further. That the foregoing require-
ments as to motive power, rails and road-beds shall not
apply to street railroads outside the city of Georgetown Not applicable
and the Boundary limits of the city of Washington: and^^^^^^'''^^ ^'
Provided, That the authority hereinbefore granted in each ^pp^ovai of
and every particular shall be exercised only with the ap- Commiaaioners.
proval of the Commissioners of said District of Columbia,
expressed by resolution of said board.

* « * * *

Approved, March 2, 1889.

District of Colnmbia appropriation bill, 1891. Aaguat 6, 1890.

* * « « Stats. 26, p. 310.

Sec. 3. That any street railroad company in the District street raibx>ad
of Columbia authorized to run cars drawn by horses, which f n™/*"^*'?! v?
has changed or may change its motive power on any of its power, etc.
lines now constructed, to cable or electricity, or change its
rails in accordance with the provisions of law, shall have^^j^y^iss^®
the right to issue and sell, at the market price thereof, stock coat. ^^^^
of said company to an amount necessary to cover the cost ^^®"**™"^®*
of making said changes, the cost of said changes and the
amount of said stock sold, together with the price per share,
to be fully set forth, under the oath of the President of said j^^^^^J^^^^a^
Company, and filed with the Commissioners of the District. ™*° ® *
And any company availing itself of the privileges herein companiea ac-
granted shall within two years, wholly dispense with horses m u^s"^ Supenfl
as motive power on all portions of its line and substitute ^^h horaea in
therefor the power provided for in the act making appro- ^p«fw*Sl" to be
priations for the expenses of the government of the District 8«i»»tit«t«d.

6176 13

194 liAWS RELATING TO STREET-RAILWAY FRANCHISES.

of Columbia, approved March second, eighteen liundred and

eighty-nine, or pneumatic or other modern motive power

conSuMi Jn era which shall be approved by the Commissioners of the Dis-

required. trict of Columbia, but nothing in this act contained shall

wires. iu any wise authorize the use of overhead appliances : Pro-

I'rovuo. videdj That if any such company operating a line or lines

of street railroad from Georgetown or West Washington to

and beyond the Capitol grounds shall fail to substitute for

forfeiture of horsc powcr the power herein provided for on all its lines

i;^tocOTiIpiy. within two years from the date of this act, such company

shall forfeit its corporate franchises.

Approved, August 6, 1890.

July 22. 1892. JOINT RESOLUTION extending the time in which certain street rail-
Stats. 27 p. 399. roads compelled by act of Congress, approved August sixth eighteen

hundred and ninety, to change their motive power from horse power

to mechanical power, for one year.

Resolved by the Senate and House of Representatives of the
Time extended United States of America in Congress assembled. That the

m which Metro-,. .,, . i • i. .i j. . -i j .' -i-

poiitan Railroad time Within v/hich the strcct railroad companies availing
mouve p^er/^ themscivcs of the privileges granted by the act making

appropriations to provide for the government of the Dis-
trict of Columbia, and approved August sixth, eighteen
hundred and ninety, so far as it extends to the Metropoli-
tan Railroad, is hereby extended for one year from the date
of the passage of this act: Provided^ That so fast as the
cars now building are equipped with storage batteries they
Eq^uipment shall bc placcd ou the Toad I And provided further^ That
pending change, p^^iing ^hc change the prcscut equipment of the road

shall be put, kept and maintained in good condition ] and
. any failure to comply with any of the foregoing require-
ments as to equipment shall render the said Metropolitan

Penalty. Railway Company liable to a line of not exceeding twenty-
five dollars for each day so in default, to be recovered by
the Commissioners of the District of Columbia, as other
fines are recovered in the District of Columbia.

Amendment. " Sec. 2, Congrcss rcscrvcs the right to alter, amend or
repeal this act.''

Approved, July 22, 1892.

July 29, 1892. AN ACT to prohibit the use of ''one horse" cars within the limits of
stats 27 p. 334. *^® ^^^^ ^^ Washington after the first day of January, eighteen

hundred and ninety-three, and for other purposes.

Be it enaxited by the Senate and Rouse of Representatives
rohibiS* ^^^ ^f ^^^ United States of America in Congress assembled^ That
^"* ^ * after the first day of January, eighteen hundred and ninety-
three, it shall be unlawful lor any street railway company
owniug or operating any line of street railway within the
limits of the city of Washington, or the greater part of
which lines lies within said city limits, to use upon such road
any " one horse " cars. After said date, all cars used withia
the said limits shall, if drawn by horse power, be of the
size and style known as " two horse cars," and each oer

LAWS RELATING TO STREET-RAILWAY FRANCHISES. 195

shall be in the charge of a conductor, and such conductor

shall not act as a driver: Provided this act shall not apply ^j^^J^J^^^^^^

to any company operating street railways outside the limits tiedseoSoM.**

of the city of Washington or through unimproved and

sparsely settled sections of the same, until such time as

the Commissioners of the District of Columbia shall deem

necessary for the public needs, Any railroad company Penalty.

violating the provisions of this act shall be subject to a

fine of twenty-five dollars per day for each car, and for

every day it may be so operated, to be recoverable by action

instituted in the name of the Commissioners of the District

of Columbia in any court of competent jurisdiction within

the District, and all fines collected on such account shall,

when collected, be paid into the Treasury for the use of the

District of Columbia, It is hereby made the duty of the Enforcement.

Commissioners of said District to see that this act is

strictly enforced.

Approved, July 29, 1892.

AN ACT to provide for the sale of new tickets by the street railway May 25, 18M.

companies of the District of Columbia, ~~^r~r~zz — ir~

^ Stats. 28, p. 78.

Be it enacted by the Senate and House of Representatives
of the United States of America in Congress a^ssembled^ That ^a^^I/^^"^^^
after thirty days from the passage of this Act, each street p^iea^shainiTe
railway and street herdic transportation company in the*^^^®^^"*®"®**
District of Columbia shall issue its own tickets, and sell no
tickets issued by any other company. Such tickets shall
be printed and sold in sheets of six tickets each, and after
having been once used shall be canceled by the company
which issued the same: Provided, That all street-railway Companies shaii
companies and herdic transportation companies doing busi- ©„ tfciwto^ °*^
ness in the District of Columbia, shall receive and exchange
tickets with each other, and said companies shall make
monthly settlements with each other, and shall redeem in
money any tickets in excess of the number of tickets
exchanged.

Seo. 2. That any street railway or street herdic trans- Penalty,
portation company doing business in the District of Col-
umbia which shall violate the provisions of this act shall
be liable to a fine of not to exceed ten dollars for each
ofiense, to be recovered in any court of competent juris-
diction.

Approved, May 25, 1894.

AN ACT to authorize the Metropolitan Railroad Company to change August 2, 1894.
its motive power for the propulsion of the cars of said company. stats 28 217
***** (amended).

Sec. 5. That the Metropolitan Eailroad Company is
hereby authorized and required immediately to make recip-
rocal transfer arrangements with street railroad companies
whose lines now connect with its lines, and to furnish
such facilities therefor as the public convenience may

196 LAWS RELATING TO STREET- RAILWAY FRANCHISES.

Metaj^oiitan require. Upon the completion of the underground elec-

ed to tnter^^to tric system provided for in this Act the said Metropolitan

SJYJS^'fio^lfilf^ Railroad Company is hereby further authorized and re-
fer and trackage . -, . jT • j. -i^i j.

arrangements quired to cutcr luto reciprocal trackage arrangements
^th other roads. ^j|.jj Connecting roads. The schedules and compensation

shall be mutually agreed upon between the said Metro
politan Eailroad Company and the companies with whose
lines its lines connect; and in any case of failure to reach
such mutual agreement, the matters in dispute shall be
determined by the supreme court of the District of Co-
street* "raSwa f l^™^^ia? upon petition filed by either party : Provided^ That
in^. a ^u^* every street railway company in the District of Columbia^
wquiremento?™^ ^^^®® liues couuect, or whose lines may hereafter connect,

with the lines of any other street railway company, is
hereby subjected to the same requirements as to transfers
and trackage arrangements, and upon similar conditions,
as in this section provided in the case of the Metropolitan
Eailroad Company and the lines connecting therewith.
* « * * «

Approved, August 2, 1894.

June 11,1896. From District of Columbia appropriation act, approved June 11, 1896.

Kepaies Streets, Avenues, and Alleys : For cur-
rent work of repairs of streets, aveuues, and alleys, thirty
thousand dollars. And this appropriation shall be avail-
able for repairiug the pavements of street railways when
necessary; the amounts thus expended shall be collected
from such railroad company as provided by section five of
"An Act providing a permanent form of government for the
District of Columbia,'' approved June eleventh, eighteen
hundred and ceventy-eight, and shall be deposited to the
credit of the appropriation for the fiscal year in which
they are collected : Provided^ That the fifth section of the
Act of Congress approved August second, eighteen hun-
Reciprocaidred and ninety -four, relating to reciprocal trackage ar-

rimgemento. ^'^ rangements by the Metropolitan and other railroad com-
panies, be, and the same is hereby amended by adding the
subnrban trail following thcrcto : Provided^ That any suburban street rail-

o^eJurbMiroads! ^*^^^ compauy In the District of Columbia intersecting or

connecting with any urban street railroad may have such
reasonable number of its trail cars drawn by such urban
railroad company, over the rout© of such urban railroad for
the transportation of through passengers, as shall not, in
the judgment of the supreme court of the District of Colum-
bia, be to the undue detriment of such urban railroad com-
pany. The schedule, kind, and number of cars to be drawn,
compen sation therefor, and all other matters relating thereto
in the event of said railroad companies being unable to
agree between themselves shall, from time to time, on peti-
tion of either railroad company, be decided by said supreme
court: Provided further^ That in no event shall any rail-
road company be entitled under said law providing ftr

LAWS RELATING TO STKEET-RAILWAY FRANCHISES. 197;

trackage arrangements or under the provisions of this Act
to collect fares except from such passengers as board the fe!:^^^^^ ^^
•cars upon their own line: Provided further j That this pro-
vision shall not be construed to affect rights heretofore ^o* *» ^^
acquired either by contract or under any order of court S"wn°faote5
made under authority of law.

AN ACT to amend an act entitled '* An act to incorporate the Capital May 28, 1896.
Railway Company, '' approved March second, eighteen hundred and
ninety-five.

Seo. 3. That the Capital Eailway Company, the Metro- t^fill^^l^
politan Eailroad Company, and the Capital Traction ^o°i- ij®^!!^® ^*Pi
pany are hereby required to issue free transfers at the point the capitaS&rac-
of intersection of their respective lines, so that for the pay- poutaT^compa^
ment of one fare a passenger on either road shall have the nies.
privilege of riding over the lines of both.

AN ACT to amend the charter of the Metropolitan Railroad Company Peb. 26, 1895.

of the District of Columbia. stats. 28, p. 682.

*****

Sec. 5. That the Brightwood Eailway Company, the CertainimeBto
Hock Creek Eailway Company, and the Georgetown andfOTticketB. ""^
Tennallytown Eaifroad Company be, and they are hereby,
respectively, authorized and required to sell four coupon
tickets for twenty-five cents, good for one continuous ride
in the District of Columbia over the lines of said compa-
nies, respectively, and the lines of the Metropolitan Eailroad
Company, and the said suburban roads shall redeem the
tickets collected by the Metropolitan Eailroad Company,
at the rate of two and one-half cents for each coupon
ticket presented by the said Metropolitan Eailroad Com-
pany. Any of the aforesaid railroad companies which
•shall refuse to make sale of tickets or to accept tickets so
sold as herein provided for, shall be liable to a fine of fifty ^®°«^*y-
dollars for each such violation, to be recovered in the police
court of the District of Columbia as other fines are recov-
ered: Provided^ That the proceeding for the collection of
such penalty shall be commenced within thfrty days from
the date of the alleged refusal. The supreme court of the
District of Columbia shall have, and it is hereby given,
authority and jurisdiction to enforce the requirements and
provisions of this section in respect of the sale of tickets
on the petition of either of the aforesaid railroad compa-
nies or anv citizen of the District of Columbia. And power Power of lease
is hereby given to the Metropolitan Eailroad Company and
the Eock Creek Eailway Company to contract with each
other for the purchase, sale, lease, or joint operation of
the line of said Eock Creek Eailway Comimny on Florida
avenue and U street, or any part thereof.

Sec 6. That this Act shall take effect in thirty days^fl^*^*^^*^*^
after its passage. i895.

Approved, February 26, 1895.

198 LAWS RELATING TO STREET-RAILWAY FRANCHISES.

Aaga8t7,i8M. District of Columbia appropriation bill, 1895.

State. 28, p. 250. # # # # #

That the Gommissiouers of the District of Columbia be^
and they are hereby, authorized and empowered to make
and to enforce all reasonable regulations in respect to re-
quiring street cars operated by other means than horse
street raii-power in the District of Columbia to be provided with
SS5*4iS^^n^Pr^P®^ fenders for the protection of the lives and limbs of
era. all persons within the District of Columbia. Such power

and authority shall extend to the adoption by the said

^^^u d^^ide^^"^™^^®^^^*®^® ^^ any fender or fenders deemed by them
on design^ ofto bc Superior to the fenders now in use as the fender or

^^^Comianiesnot^*^^^®^® ^^^^^ shall be uscd ou cars operated within the
relieved f r o m said District : Provided, That nothing contained in this Act
liability. shall Operate to relieve any street railway company from

liability for accidents on its lines.

*****

Approved, August 7, 1894.

Angaat 23,1894. jj^ ACT to amend an act entitled "An act to incorporate the Wash-
Stat8.28 p. 492. ington and Great FaUs Electric Railway.''

*****

Street raUway Sec. 3. That in ordcr to accommodate the street railway
SuthS^*nea? traffic that may converge at or near the Aqueduct bridge,
AqueductBridge uudcr authority granted or to be granted by Congress, a
passenger station is hereby authorized. .Such station shall
have ample provision for the safe, convenient, and comfort-
able transfer of passengers to and from the cars of the
Plana to be ap- strcct railways using the same. All plans for such station
Kf^nera ^dS" ^^^ ^^s ucccssary approaches shall be subject to the written
trictof Columbia, approval of the Commissioners of the District of Columbia.
The said Commissioners shall have the power to settle any
differences which may arise between the companies using
the said station as to compensation or rentals or as to the
Washington necessary regulations for the control of said station. The
i^uro^^^lhru said passenger station shall be constructed and maintained
construct and as a uuiou passcugcr station, for the use of street railways
maintain station, ^^jy^ by the Washington and Georgetown Kailway Com-

Location of pauy. Said station shall be located on land already owned
station. Qj. iiereafter to be acquired by the aforesaid company, which

land shall be bounded on the north by Prospect street, on
the east by a line drawn not less than one hundred and
twenty feet west of the west line of Thirty-fifth street, on
the south by M street, and on the west by Thirty-sixth
Washington street uorthwcst. Within one year from the approval of
Ralir^Sd^^sifrn *^is Act the said Washington and Georgetown Railway
extend its tracks Company shall complctc the said station and shall extend
on M street. .^^ tracks OU M strcct northwest to a point not less than
one hundred and twenty feet west of Thirty-fifth street^
shaiinotswitch and theucc into said station; and thereafter the said corn-
cars in M street, pany shall cease entirely to switch cars on M street north-
west.
Expense of Seo. 4. That the street railway companies mentioned in
jSJl!?ete.7?^aii*^^^ -^^*? ^^^ hereafter all street railway companies in
bebornehyBtreeithe District of Columbia, respectively, shall bear all the
raUwMye. expenscs that may \)e \x\c\u:t^^\i^ t\i^ United States i»

LAWS RELATING TO STREET-RAILWAY FRANCHISES, 199

making and inspecting such changes to the water mains,
fixtures, or apparatus of the Washington Aqueduct as may-
be rendered necessary by the construction or extension of
such several roads; and the Secretary of War is hereby
authorized and directed to make all regulations to carry
into effect the provisions of this section.

Approved, August 23, 1894.

EXTRACTS from PoUce Regulations of the District of Columbia,

corrected to July, 1896.

# ♦ ♦ # *

Sec. 15. Street cars within the District of Columbia gjj|iY\®^*^^®*J^J
shall have the right of way upon their respective tracks, right of way, and
except as otherwise provided ; and no person shall obstruct fayid °xce^t 1^
or delay the movement thereof, at the lawful rate of speed ordersfromcom-
hereinafter designated : Provided^ however^ that in cases of ""®®*®°®™'
emergency, and whenever the public interest or the public
safety requires, the Commissioners may order a cessation
of the movement of street cars or other public vehicles, for a
reasonable period of time, upon any street or avenue in said
District: Provided, further j that the order for such cessa-
tion of street car travel shall be given to the officers of any
company operating cars upon such street or avenue; and
it shall be unlawful for such street cars to resume movement
until the expiration of the time limited in such notice; and
the Major and Superintendent of Police shall clear such
streets and avenues of all other vehicles for the time des-
ignated in said order. Any violation of the provisions of Penalty,
this section shall be punished, on conviction, by a fine of
not less than five nor more than forty dollars for each
offense.

Sec. 16. No minor not being a passenger shall be upon lo^Jd^"^^"*!^
the platform or steps of any railroad car drawn by steam, forms of'cert^n
or of any omnibus, street car or other vehicle drawn by ^«**i«^®»-
horse, cable or electric power.

Sec. 17. Every grip and every motor car operated in the ^^rip^^and^n^
District of Columbia shall be fully equipped with front fendera*
pick-up fenders of the Blakistone pattern, as shown by
drawings on file m the office of the Commissioners of the
District of Columbia: Provided, That any street railway
company may substitute for the above any other fender
which may hereafter be approved by the Commissioners of
the District of Columbia.

Sec. 18. Every grip and every motor car operated in the orfp and mo-
District of Columbia shall be fully equipped with wheel- wheef^ii^*^
guard fenders of the "Brightwood automatic" pattern or
the "Blakistone" pattern, or the "Eldridge Smith" pat-
tern : Provided, That any street railway company may sub-
stitute for the above any other wheel-guard fender which
may hereafter be approved by the Commissioners of the
District of Columbia: Provided, That the "Claude fender"
and the "Parmeter improved wheel-guard" be added to
the list of approved front fenders and wheel-guard fenders

200 LAWS RELATING TO STREET-RAILWAY FRANCHISES.

therein set forth : Provided^ That the details of construction
of such fenders be approved by the Engineer Department.
Penalty. Seo. 19. Any railway in the District of Columbia which

shall operate any grip or motor car in the District of Co-
lumbia not fully equipped with fenders herein adopted or
authorized shall be subject to a fine of twenty-five dollars a
day for each and every car not so equipped, and operated
by said company.
RaUway com- Seo. 20. Each railway company in the District of Colum-
5b8t?m5 u^*n 8 bia operating street cars requiring fenders shall, after thirty
from tracks. days' uoticc from the Commissioners of the District of

Columbia, remove from its tracks all permanent obstruc-
tions projecting above the general surface of the pavement
which prevent the satisfactory action of the wheel-guard
fenders herein adopted or authorized, or increase danger to
life and limb.
Penalty. Sec. 21. Any railway comi)any failing to comply with

the above requirement shall be subject to a fine of five dol-
lars a day for every such obstruction not so removed upon
and after the date specified in said notice.
Motor and ca^ Sec. 22. Evcry cablc and every motor car operated in
constaracted so the District of Columbia must be so constructed or altered
effe^iv^**action *^** ^ clcar spacc of fifteen inches in height above the rails
of wheel guard" is provided between the wheel-guard and the adjacent end

of the car, in order to allow the effective action of the
wheel-guard.
Penalty. Sec. 23. Any railway company failing to comply with

the above requirement shall be subject to a fine of five
dollars a day for each car not so constructed or altered,
and operated by it.
Platforms and Sec. 24. Platforms of strcct cars, and the space between
sbau^b^^w-ded such cars whcu iu trains, shall be guarded by gates of a
by gates. coustructiou and operation approved by the Commission-

ers of the District of Columbia, and any company failing
Penalty. to comply with the provisions of this section shall be fined

not more than forty dollars.
Fenders to be Seo. 25. After the fcudcrs are placed upon the cars,
o^er."^ working ^^^^ must bc kept iu thorough working order and in good

repair at all times during the use of such cars. Any rail-
Penaity. Way compauy failing to comply with this provision shall be
subject to a fine of twenty dollars a day for each and every
offense.*

Speed of street Sec. 26. No strcct Car shall move at a greater rate of
cars regulated. ^^^^^ ^^^^ ^^^ ^^.j^^ ^^ ^^^^ -^ ^j^^ ^.^^ ^^ Washington,

nor at a greater rate of speed than fifteen miles an hour

outside of said city ; street cars shall not exceed a rate of

Cars to stop on speed greater than five miles an hour at street crossings,

street. ® ® ° and whcu necessary to stop shall stop on the near side

thereof, except where the mechanical appliances make it

impracticable to do so ; nor shall any street car stand upon

Carsnottostopa Street or avenue for a longer period than five minutes,

SSnte8**^or^Io uulcss the way be obstructed, nor stop so as to obstruct a

as to obstruct street crossiug or intersecting street; and no street car

cross ng. ghall follow a preceding car moving in the same direction

''See Appropriatiou bill approved August 7, 1894.

LAWS RELATING TO STREET-RAILWAY FRANCHISES. 201

at a less iuterval tbau one hundred feet, unless coupled

thereto. Every street car in motion after sundown sliallj.CwwtodiapUy

Lave two lights, one displayed at each end thereof, and all down. ^ '"*

vehicles moving in streets with car tracks shall, in general,

keep on the right side thereof, between the right side and

curb.

Sec. 27. Wherever street railroads cross each other, all At intersecting
cars or trains bound north or south shall have the right off^^'^h'SSS
way over trains or cars bound east or west, and all niotor- JJ^^^^^J^^^^
men, gripmen and drivers on any such trains or cars shallwa^Wd^car*B
on approaching intersecting crossings stop their cars or™^®^^^"^^
trains and see that the way is clear before crossing: Pro-intersecting
ridedy That the provisions as to the right of way shall not^**^^'
ai)ply where branches of the same street railway cross each
other: Provided, That rapid transit street cars shall always
have the right of way over cars drawn by horse power:
Provided, further, That the cars and trains of the Capitol
Traction Company shall have the right of way at the
intersection of Thirty-second and M streets northwest.

Sec. 28. Flagmen shall be stationed at the crossings of FUgman at
all rai>id transit street car lines, when in the judgment offn^*^^ *^"***'
the Commissioners of the District of Columbia the public
safety requires the same.

Sec. 29. Steam cars, trains or engines shall not move^^jp^^^o^g^™
upon any street or avenue at a greater rate of speed tlian^J^n^?© stop
twelve miles an hour, and no steam car, train or ei^giiiegJi^^obf^St
shall be stopped or held at a street crossing or intersection travel,
so as to obstruct the passage of vehicles or foot passengers
for a longer period than is needed for the passage of such
steam car, train or engine at a speed of not less than live
nfiles an hour. Drivers, gripmen or motormen of street
cars in the District of Columbia, before crossing the tracks
of a steam railroad shall bring their cars to a full stop, ^^nd^st'^t^cj^ *®
not start them again until so directed by the conductor, before croaSinS
who shall be satisfied by personal observation that thej^f™ railroad
tracks may be crossed by the car With safety.

From District of Colnmbin appropriation act, approved Angnst 7, 1894. A ogust 7. 18»4.

« • « * * * ^

And hereafter one-half the cost of the maintenance and street railway
repair of any bridge across Rock Creek occupied by the JS^™^iS?*co?t "of
tracks of a street railway or railways shall be borne by niaintaining
the said railway company or companies, and shall be col- nScFcreeif'^w"
lected in the same manner as the cost of laying pavements ^^^ ^^ ^**®*'
between the rails and tracks of street railways as provided
for in section five of ''An Act providing a permanent form
of government for the District of Columbia,^ approved
Jane eleventh, eighteen hundred and seventy-eight. The
anioujits thus collected shall be deposited to the credit of
the appropriation for the fisciil year in which they are
collected.

INDEX.

Pace.

Anacostia and Potomac River Railroad Company 8-9.

Shall pay 2 per cent for first 10 years and 4 per cent thereafter, of gross

earnings, as taxes 7

Annual reports, street railway companies required to make 95

Baltimore and Washington Transit Company 11-15

Empowered to make trackage arrangements with Brightwood Railway

Company _ 11

Land acquired within line of unopened streets to be dedicated to the

District of Columbia 12

To ^ay 4 per cent of gross earnings as taxes 18

Belt Railway Company _ 17-28

Act incorporating Columbia Railway Company made applicable to 21

Name changed from Capitol, North O Street and South Washington

Railway Company 24

Payment of judgment 28

Extension to Le Droit Park, etc .._ 25

Horse power to be disi)ensed with by December 10, 1896 24

To be equipped with air motors or underground electric system in city

limits - - 24

Taxes _ 18

License on cars 18

Botmdary and Silver Springs Railway Company. (See Metropolitan Rail-
road Company).
Bridge across the Potomac at Three Sisters, Washington and Arlington

Rsmway Company authorized to construct _ 157

Bridge across Anacostia River, Washington and Marlboro Electric Rail-
way Company authorized to construct 185

Bridge over Rock Creek at Connecticut avenue 62

Brightwood Railway Company 29-36

May make trackage arrangements with the Baltimore and Washington

Transit Company _ 11

Shall sell four transfer coupon tickets for 25 cents 197

To pay 4 per cent of gross earnings as taxes 30

Capital Railway Company 37-45

Authorized to carry passengers, parcels, milk, and truck . _ 37

Shall give free transfers to the Metropolitan and Capital Traction com-
panies at connecting points 45

Ferry across Eastern Branch _ 37, 39

Lights 38

To pay 4 per cent of gross earnings as taxes 42

Capital Traction Company 47-66

Authority for formation of company 66

May contract with, lease, or purchase connecting lines 66

May contract with Metropolitan Railroad Company for joint operation,

lease, or purchase of U street and Florida avenue line. 145

May make arrangements for trackage and power with Eckington and

Soldiers' Home Railway Company 65

Opening of Connecticut avenue, etc 63

May connect with railway of Chevy Chase Land Company 64

Fare 66

Shall sell four transfer coupon tickets from U street line to Metropoli-
tan line for 25 cents - 197

Shall give free transfers to Capital Railway 197

203

204 INDEX

Capital Traction Company — Continued. Page.

Shall pay for certain paving 1 52,54

To move tracks from Capitol grounds _ 52, 53

To move tracks from aqueduct bridge over l^ock Creek _. 53

May change motive power _ 54

To pay judgment 55

To repair M street bridge _ _ 55

To build bridge over Bock Creek 62

To build union transfer station near Aqueduct Bridge. _ 55

Boads of Washington and Gteorgetown Bailroad Company deemed real

estate and liable to taxation ^ 48

Shall pay license on cars 122

Bock Creek line to pay 4 per cent of gross earnings as taxes. 66

Use of road by the Oovemment 49

Capitol, North O Street and South Washington Bailway Company. {See
Belt Bail way Company.)

Cars. (See Street cars.)

Certificates of indebtedness may be issued against street railway companies
for certain works ..., 192

Columbia Bailway Company 67-72

Boad deemed real estate and liable to taxation ^ 68

License for cars 68

Connecticut avenue, opening of. 63

Connecticut Avenue and Park Bailway Company. (See Metropolitan Bail-
road Company.)

Coupon transfer tickets, four for 25 cents, shall be sold by certain suburban
lines 197

Crossing of roads operated by mechanical power 201

Flagman to be stationed at 201

JWstrict of Columbia Suburban Bailway Company 73-80

JBcMngton and Soldiers' Home Bailway Company 81-95

Shall pay 4 per cent of gross earnings as taxes 82

May make trackage arrangements, etc. , with Capital Traction Company _ 65, 87

Overhead wires to be discontinued 87, 90

To extend its road to Fifteenth street NE. when C and D streets are

sewered and paved _ 88

Horse-power to be dispensed with by December 10, 1896 92

To be equipped with air motors or underground electric system in city

limits 92

Extension on Eighth street SE , etc 92

Falls Church and Potomac Bailway Company may use tracks of Washing-
ington, Alexandria and Mount Vernon Electric Bailway Company 152, 154

Fenders on street cars. Commissioners authorized to make regtuations con-
cerning 198

Begulations concerning 199, 200

Ferries for street railways 37, 39, 147

Flagmen shall be stationed at crossings of rapid- transit street railroads 201

Franchises of street railroads in District of Columbia, resolution to print.. 1

Oeorgetown and Tennallytown Bailway Company 97-102

(S)nduits in Water street 97

Location of tracks along Tennallytown road 102

To pay for certain improvements in High street 102

To pay *i per cent of gross earnings as taxes 98

Oeorgetown Barge, Dock, Elevator and Bailway Company 103-107

To pay 5 per cent of gross earnings as taxes 107

Water front at end of highways to be kept open 107

Grooved rails, street railway companies required to lay tracks with 192

Maryland and Washington Bailway Company 109-119

Opening of Bhode Island avenue 114, 116

May run cars on North Capitol street branch of Eckington and Soldiers'

Home Bailway Company 119

To pay 4 per cent of gross earnings as taxer 110

Metropolitan Bailroad Company 121-145

Boad deemed real estate and liable to taxation 122, 129, VM

License for cars 122, 129, 134

To remove tracks from Capitol grounds 139, 140

Payment of judgment 140

To repair P street bridge over Bock Creek 141

INDEX. 205

Metropolitan Railroad Company — Continued. Page-
Case of District of Columbia against, referred to court of appeals 142"

Underground electric system to be installed on 143

Reciprocal transfer and trackage arrangements with collecting lines

required 14S

Extension of tracks to union station, Georgetown 144

Shall accept coupon transfer tickets of certain suburban lines 145

Shall give free transfers to Capital Railway ._ 197

Authorized to make arrangements with Capital Traction Company for

operation of U street line 145

Motive power, change from horse to mechanical power authorized 192-194

Certain roads required to use mechanical power 195

Passenger station to be established near Aqueduct Bridge 198

Paving, strfeet railways to pay for portion between rails and tracks and 2

feet adjacent thereto 191

Certificates of indebtedness may be issued against street railway com-
panies in payment for 191

Materials which may be used 191

At street intersections to correspond to pavement of the street inter-
sected - 19!^

Police regulations relative to street cars : 199-201

Relative to street-car fenders 199-200

Rails, grooved, shall be used on street railways in city limits 193

Railroads. (5ee Street railroads.)

Reports, street railway corporations required to make annual reports to the

Senate and House of Representatives 27

Content of reports _ 27

Rhode Island avenue, opening of, by Maryland and Washington Railway
Company , 114, 11^

Rock Creek Railway Company. (See Capital Traction Company. )

Speed of street railway cars '. 200

Stock, companies changing motive power, etc. , may increase 193

Street cars of certain roads liable to license tax 68, 122, 129, 134

One-horse, prohibited on purely urban lines _-. 194

To be in charge of conductor 194

Of suburban lines may be drawn over connecting urban lines 196

Shall have right of way on their respective tracks 19&

Children not allowed on platforms 199

To be equipped with fenders and wheel guards 199

Platforms of, to be protected by gates 200

Speed of 20O

To stop on near side of street 200

Not to stop more than five minutes, etc 200

To display lights after sundown _ _ 201

Right of way at crossings 201

To come to full stop before crossing steam railroad tracks 201

Street railroads prohibited on I and K street fronts of Farragut, McPherson,

and Franklin squares 191

Shall not be laid hereafter without consent of Congress 191

Certain, deemed real estate and liable to taxation 68, 122, 129, 134

Change of motive power authorized 192, 193, 194

' To put in grooved rails in city limits 192

Changing motive power, etc. , may increase amount of stock 193

Street railway franchises, resolution to print 1

Pavement between rails and tracks and 2 feet adjacent thereto, how

paid for 191

Pavement of, at street intersections 192

Certificates of indebtedness may be issued against 191

Suburban, may have trail cars drawn over urban lines 196

Tickets shall be sold in sheets of six 195

Not to be issued a second time 195

Shall be honored on all lines in the District of Columbia 195

Transfer coupon tickets, four for 25 cents, shall be sold by certain

suburban lines 197

Metropolitan Railroad Company to honor coupon transfer tickets issued

by certain suburban lines 197

Transfer tickets to be issued free where Capital Railway connects with

Capital Traction Company and Metropolitan Railroad Company 197

Page.

lYansiter and trackage arrangements, reciprocal, connecting lines required

: tpmake 195,196

Transfer coupon tickets, four to be sold for 25 cents, by certain suburban

lines - 197

Metropolitan Railroad Company to honor transfer coupon tickets 197

Transfer station to be established near Aqueduct Bridge 198

Transfer tickets to be issued free where Capital Railway connects with
Capital Traction Company and Metropolitan Railroad Company 197

Union passenger station to be established near Aqueduct Bridge _ _ . 198

Union Railroad Company. (See Metropolitan Railroad Company.)

Washington, Alexanaria and Mount Vernon Electric Railway Company _ 147-155

Ferry slips and boat _ 147

Tracks of, may be used by Falls Church and Potomac Railway Company 152, 154

Right of way through Arlington reservation 153

Shall pay 4 per cent of gross earnings as taxes 151

Washington ana Arlington Railway Company 157, 164

May bridge the Potomac at Three Sisters _ ..- 157

Washington and Georgetown Railroad Company. (See Capital Traction
Company.)

Washington and Great Falls Electric Railway Company 165-184

May contract with connecting lines in District of Columbia and Mary-
land for joint management, lease, or purchase 179

Lights along line of _ . ! _ 181

Washington and Marlboro Electric Railway Company _ _ _ 185^190

May construct bridge over Anacostia River _ 185

Lights _ 186

To pay 4 per cent of gross earnings as taxes 189

Water mains disturbed by street railway companies shall be moved at ex-
pense of companies interfering with same 198

Water front at ends of highways to be kept open for use of public 107

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